Delivery Partner/Rider Terms and Conditions for Delivery Services

Delivery Partner/Rider Terms and Conditions for Delivery Services

Laste modified date 13th May 2024.

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. By clicking on the “I ACCEPT” button, You (“the Delivery Partner/Rider/You/Your”) are consenting to be bound by these Delivery Partner/Rider Terms and conditions (“Delivery Partner T&C”) for using MYKANJEE Rider application and MYKANJEE marketplace platform: https://mykanjee.in/ (hereinafter referred to as "Platform/ MYKANJEE Platform/Website/Application").

The MYKANJEE Rider Platform/ MYKANJEE Platform/ Website/Application is owned by M/s. Samakhya E-Commerce Pvt. Ltd. (“Company/ MYKANJEE”), having its registered office at #417, 4th A Cross, 2nd Block, HRBR Layout, Banaswadi, Bangalore- 560043. This Platform enables vendors to promote, market and sell their products/goods/services, including pre-loved items/products, up-cycling services for sarees/clothing, dry cleaning/laundry services and more to the customers of the Platform;

PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE Delivery Partner T&C BEFORE YOU USE THE SERVICE OF THE PLATFORM (for Delivery Services), AS YOU SHALL BE BOUND BY ALL THE DELIVERY PARTNER T&C CONTAINED HEREIN upon clicking on the “I ACCEPT” button. If You do not accept any of the Delivery Partner T&C, then please do not use the Website/Platform/App or avail any of the services being provided therein. Your Agreement to the Delivery Partner T&C SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND THE COMPANY/MYKANJEE IN RESPECT OF THE SERVICES OF THE Website/Platform/App.

Your engagement with MYKANJEE to use the services of the Website/Platform/App are subject to your acceptance of these Delivery Partner T&C. MYKANJEE reserves the right, at its sole discretion, to change, modify, add or remove these Delivery Partner T&C, in part or in whole, at any time, without prior notice to You. It isYour responsibility and duty to check the Delivery Partner T&C periodically for changes. Your continued use of the Website/Platform/App following the posting of changes will mean that You accept and agree to the changes.

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i.
1. REPRESENTATIONS AND WARRANTIES:

You (the Delivery Partner/Rider) represent and warrant to the Company that:

  1. a) You are eligible for registration on the Website/App/ Platform and creation of an Account in terms of these Driver T&C.

  2. b) You have all requisite power and authority to, deliver and perform the obligations imposed herein;

  3. c) The execution and performance of the obligations do not and will not violate any provision of any existing agreement, law, rule, regulation, any order or judicial pronouncement to which You are a party;

  4. d) You are the rightful owner of the Vehicle or have the requisite authority or assignment to drive the Vehicle and there are no restrictions with respect to the use of the Vehicle that will hinder You from the performance of the Services;

  5. e) You have all right, licenses and permits as may be required by Applicable Laws to perform the Service in accordance with the terms of these Driver T&C. The Driver hereby represents that he shall maintain and continue to maintain all local licenses, permits, approvals and consents in respect the Vehicle. The Driver shall alone be responsible and liable for any violation of any law, rule or regulation in the performance of its obligations under these Driver T&C.

  6. f) You have not been convicted by any court in India or any other country of any crimes including but not limited to involving moral turpitude. Further, You are not a party to any pending litigation which shall materially affect Your obligations under these DriverT&C.

  7. g) You are above 18 years of age and physically and medically fit, free from all infections / diseases.

  8. h) You undertake that, at all times during the Term, You will:

    • ● maintain true, accurate,complete, current and updated complete information about

      yourself with MYKANJEE/Platform.

    • ● Abide by these Delivery Partner/Rider T&C and any other policy as may be made

      applicable to You from time to time;

    • ● perform the Service/(s) in accordance with all Applicable Laws;

    • ● not violate the intellectual property rights of any third party and for any breach or

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i)

j)

k)

You are experienced in handling consignments and providing transportation service, courier, package delivery and express mail services of Goods and Services to customers;

You possess the required skill, knowledge, experience, expertise, infrastructure and capability to handle consignments, provide transportation service, courier, package delivery and express mail services for Goods and Services and that he/she has the necessary qualifications, skill and knowledge required for providing such services, along with valid registration/license required under the applicable laws, rules and regulations;

You agree to provide transportation services for Goods/Products via Vehicles from the premises of the Customer to the Vendor’s address and/or from premises of the Seller/Vendor to the Customer’s address and vice versa in the case of Returns as required by the Company and also provide other services which includes document handling, and all other services customarily associated with the cargo transportation arrangements, all in accordance with COMPANY’s instructions from time to time (“Services”) .

DEFINITIONS:

2.

violation of such intellectual property rights

Unless the context otherwise provides or requires, the following words and expressions used in this Agreement shall have the meaning as provided to them herein below:

  1. “Affiliate” shall mean in relation to a Party, any entity that directly or indirectly controls, is controlled by or is under common control with that Party. For purposes of this Agreement, “control” means an economic or voting interest of at least fifty percent (50%) or, in the absence of such economic or voting interest, the power to direct or cause the direction of the management and set the policies of such entity.

  2. “Confidential Information” shall mean any and all information whether technical and non-technical information, which either Party may have acquired before or after the date of this Agreement in relation to the customers, business, operations, financial conditions, assets or affairs of the other Party resulting from negotiating this Agreement; or exercising its rights or performing its obligations under this Agreement; or which relatestothecontentsofthisAgreement(oranyagreementorarrangement entered into pursuant to this Agreement), including but not limited to business plans, business forecasts, research, financial information, procurement requirements, purchasing requirements, manufacturing, customer list, sales and merchandising efforts, marketing plan, experimental work, development design details, specifications, engineering, copyrights, trade secrets, proprietary information, know-how, processes, equipment, algorithms, software programs, software source documents, and

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information in any way related to the current, future and proposed business, products and services of either of the Parties. It shall specifically includes Customer Information (as defined herein below), Supplier Information and any information which either Party may have or have acquired before or after the date of this Agreement in relation to the Goods, Customer Information, Supplier Information and any other information designated as confidential by a Party from time to time.

c. “Customer” shall mean any Person/party/entity who/which is registered on the COMPANY's Platform/Website or mobile application or any other computer system, including any person/party/entity who/which purchases/avails services or places an order for purchase of Goods/Products or services on the COMPANY's Website or its mobile application, and/or who/which wishes to return any Goods/Products to the COMPANY, or has contacted the COMPANY in relation to any complaint or service related issue concerning the Goods/Products provided by the Seller/Vendor via the Platform.

  1. “Customer Information” means (i) all information relating to the Customer(s) (including names, addresses, telephone numbers, customer preferences, mobile numbers, email addresses, credit card details and such other financial and sensitive personal data/ information that is or relates to personally identifiable information), information about the purchase of the Goods/Products on the COMPANY Platform/Website or mobile application and related information; and (ii) any list, description or other grouping of consumers or customers that is derived using any such information; and shall be deemed to be fully and exclusively owned by COMPANY.

  2. “Effective date” shall mean the date of execution of this Agreement as stated above.

  3. “Goods/Products” shall mean any items/goods/products offered and listed on the COMPANY’s Platform/Website/Mobile application including those available for sale by Sellers/Vendors, as well as items that are designated for upcycling services, laundry, dry cleaning or other services and also the processed goods/products .The DELIVERY PARTNER, is responsible for picking up,transporting and delivering such goods/items to the Customers/Sellers/Vendors/users of the Platform as instructed by the COMPANY in accordance with the terms of this Agreement.

  4. “Person” means any individual, firm, company, governmental authority, joint venture, partnership, association or other entity (whether or not having separate legal personality).

  5. “Returns” shall mean the collection of the Goods/Products returned by Customers from the location/address as specified by the COMPANY and the delivery of such returned Goods/Products to the Seller/Vendor’s address or any other address as specified by the COMPANY.

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i.

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“Seller/Vendor” shall mean any entity/party/person who is registered on the COMPANY’s Platform/Website or mobile application to sell their products/goods/services.

“Territory” shall mean the places as listed in Annexure I to which You/DELIVERY PARTNER/ need to deliver the Goods/Products.

“Vehicle” shall mean the various automobiles/ transportation vehicles including loading units, platforms.

APPOINTMENT:

Subject to Your compliance with the terms and conditions contained herein the Company hereby appoints You as its Delivery Partner to provide the Services .

SCOPE OF SERVICES:

You/DELIVERY PARTNER/ shall pick up and transport Goods/Products from the premises of the Customer to the Vendor’s address and subsequently arrange for the pickup of the processed Goods/Products from the Vendors for delivery to the Customers (for upcycling, laundry/dry cleaning service, etc.) and vice versa in the case of Returns.

Additionally, You/DELIVERY PARTNER/ shall pick up and transport Goods/Products from the premises of the Seller/Vendor, to be delivered to the Customer’s delivery address (for sale of Goods/products on the Platform) and vice versa in the case of Returns, all in accordance with the delivery terms as specified herein under this Section , and DELIVERY PARTNER/You shall also provide such other ancillary services including but not limited to document handling, and all other services customarily associated with the cargo transportation arrangements (“Services”).

You/DELIVERY PARTNER acknowledge and agree to operate and provide Services within the Bangalore region between the hours of 9:00 AM and 6:00 PM.

You/DELIVERY PARTNER shall abide by the following delivery terms:

You/DELIVERY PARTNER shall behave professionally with the Customers/Vendors/Sellers at all times.

You/DELIVERY PARTNER are obligated to maintain full, accurate and up to date records of your address proofs or identification proofs (including Aadhar card and driving licenses original).

You/DELIVERY PARTNER shall ensure that the Goods are not damaged during transit.

At any circumstances You/DELIVERY PARTNER shall not misuse or misrepresent the Customer/Seller/Vendor at the time of delivery.

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i. ii.

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You/DELIVERY PARTNER shall facilitate and provide a well-defined tracking system for tracking Goods and with information which is adequate enough to satisfy Customer/Seller/Vendor queries.((i.e.) the tracking system of delivery should be clear and transparent).

You/DELIVERY PARTNER shall ensure timely delivery of the Goods to the Customers or Sellers/Vendors at all times including in the case of returns of Goods/Products.

You/DELIVERY PARTNER shall be neatly and appropriately well dressed and maintain adequate personal hygiene at the time of delivery of the Goods to the Customer/Vendor/Seller.

In case of any change in the frequency/schedule of the delivery, You/DELIVERY PARTNER shall notify the COMPANY on an immediate basis along with the reason in writing.

PROVISION OF LOADING UNITS AND VEHICLES:

In case of for upcycling services of clothing/dry cleaning/laundry services, the You/DELIVERY PARTNER shall pick up the Goods from the premises of the Customers and deliver them to the Vendor and subsequently pick up the processed Products from the Vendors and deliver it to the Customers

In the case of sale/purchase of pre-loved products or any other products , You/DELIVERY PARTNER shall pick up the Goods from the premises of the Seller and deliver them to the Customer .
You/DELIVERY PARTNER shall provide appropriate Vehicles for transportation of Goods/Products and deliver the same to the delivery address of the concerned party (Customers/Seller/Vendor) as instructed by the COMPANY.

In case of Returns, You/DELIVERY PARTNER shall pick up the Goods from the Customer’s address and provide appropriate Vehicles for transportation of Goods and return the same to the concerned Seller/Vendor.

The Vehicles must be equipped with fixtures and equipment and packing materials for securing/transporting the Goods and once loaded, the safekeeping of Goods shall be your responsibility until the same are unloaded and delivered to the Customer/Seller/Vendor (as applicable).

You/DELIVERY PARTNER shall follow the handling instructions/directions provided by the COMPANY and the Seller/Vendor from time to time regarding the transportation of the Goods/Products under this Agreement.

PICK UP, LOADING AND UNLOADING OF GOODS

The responsibility of loading/unloading of the Goods/Products into and out of the Vehicle shall be yours You/ that is the DELIVERY PARTNER . You/DELIVERY PARTNER or any other authorized representative of You shall check whether the

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Goods which have been loaded or unloaded, stowed and attached in a way which is suitable for safe transport of Goods.

PICK UP & DELIVERY OF GOODS/PRODUCTS:

It shall be Your sole responsibility to check and ensure that the Goods picked up and loaded are safe for transportation and delivered to the concerned party (Customers/ Seller/Vendor) as instructed by the COMPANY and within the designated time period as stipulated by the Company.

If You/DELIVERY PARTNER are unable to arrange the Vehicle within agreed time period as specified by the COMPANY, then in such cases, COMPANY has right to make alternate arrangement and additional expenses incurred due to alternate arrangement will be deducted from the bills of You/DELIVERY PARTNER.

DOCUMENTATION:

You/DELIVERY PARTNER shall maintain adequate documentation showing the pickup of the Goods by You/DELIVERY PARTNER from the Customer/Seller/Vendor and delivery to the Vendor/Customers or vice-versa incase of Returns.

PROOF OF DELIVERY:

You/DELIVERY PARTNER shall provide the COMPANY/Customers/Seller/Vendor with the Goods delivery status from time to time and also provide updates on proof of delivery of Goods which shall be uploaded on the Platform/Application at the end of every Goods/Product delivery .

PAYMENT TERMS:

In consideration of the Services provided by You/DELIVERY PARTNER, the COMPANY shall pay a fee comprising a fixed base pay and incentive as detailed in Annexure -1 .. Payment of the fee shall be made by the Company within 30 days from the date of receipt of detailed monthly invoice provided it is submitted along with the proof of delivery duly acknowledging the receipt of Goods/Products transported. The Company reserves the right to initiate shorter invoice and payment cycles at its sole discretion based on the delivery volumes.

The Company also reserves the right to change the rates and payment terms between You and the Company as mentioned in Annexure- 1 at any given point in time at its sole discretion, which shall be notified to You.

11. REDIRECTING:

i.

12.

In case of any changes to be made by COMPANY regarding the locations for picking up & delivering Goods, the COMPANY can notify You at any time.

ASSIGNMENT AND SUB-CONTRACTING:

You/DELIVERY PARTNER shall not assign/transfer/sub-contract your rights and obligations without the prior written consent of the COMPANY . Any such attempt by

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You/DELIVERY PARTNER to assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be void and of no effect.

ILLEGAL EMPLOYMENT:

You/DELIVERY PARTNER confirm that You and Your sub-contractors are obliged to adhere to conditions laid down in law against illegal employment and employment of child labour.

14. LIABILITY

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You/DELIVERY PARTNER shall be liable for loss or damage only to the extent of proportionate loss or damage with respect to the value of consignment, due to, negligence, gross negligence, willful misconduct and excluding any kind of loss or damage due to self-deterioration or shrinkage and such liability shall be the total value of consignment value.

Your liability on loss or damage would be governed by provisions of applicable laws in India.

DELIVERY TIMES & PENALTY

The maximum delivery times are fixed as per the conditions laid down in Annexure -1 (“Tariff table and transit time”).

The transit times, as agreed by You with the Company shall be adhered to at all times. In the event, there is a possibility that the transit time would be exceeded beyond the normal agreed transit time between the Company and You, or there is any possibility that there are any likely irregularities within the transport chain, the Company is to be notified immediately.

If You/DELIVERY PARTNER are not delivering the Goods as per agreed transit time without prior information to the Company, then the Company shall include penalty of same like detention charges of INR 200 per day for delayed shipments.

You/DELIVERY PARTNER are required to notify the Company and resolve immediately any issue regarding missing consignments/Goods within 24 hours .

You/DELIVERY PARTNER are solely responsible for the safe handling of Goods after collection from the Seller/Vendor or Customer. In case of damage to the Goods/Products or if broken during delivery, a penalty of 10% of the Goods/Product value will be charged to You/DELIVERY PARTNER by the COMPANY.

In the event of theft of any Goods/Products by You/DELIVERY PARTNER, strict legal action will be taken against You/DELIVERY PARTNER in accordance with the law.

DUTY OF CARE:

You/DELIVERY PARTNER shall provide the Services with reasonable skill and care and as a man of ordinary prudence would take of his own goods of the same bulk,

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quantity and value under similar circumstance and in accordance with the applicable laws.

You/DELIVERY PARTNER shall use a well defined interface for tracking Good’s delivery status/information such that adequate information is available to the COMPANY and Customers to satisfy Customer/Seller/Vendor’s queries in respect of delivery of the Goods from time to time. Further, the Goods tracking information provided by You/DELIVERY PARTNER shall be complete and accurate at all times.

You/DELIVERY PARTNER acknowledge and confirm that you are well experienced, reliable and qualified to perform the Services for the Company.

You/DELIVERY PARTNER shall immediately notify and cease providing Services to the Company if You/DELIVERY PARTNER are of the reasonable opinion that you are unfit to provide the Services in a proper and professional manner, due to any reasons whatsoever including health or personal circumstances. The COMPANY reserves the right to terminate this Delivery Partner T&C henceforth accordingly.

RIGHT OF LIEN:

You/DELIVERY PARTNER have no right of lien or right of retention against Goods/Products under this Delivery Partner T&C.

YOUR LIABILITY:

You hereby agree that You shall comply with all applicable laws, in performing your obligations hereunder, including the procurement of licenses, permits certificates and any other requirements with regard to the Services to be provided. If at any time during the Term of this Delivery Partner T&C, You inform or information comes to its attention that you are or may be in violation of any law, ordinance regulation or code (or if it is so decreed or adjudged by any court, tribunal or other authority having competent jurisdiction) then You shall immediately take all appropriate steps to remedy such violation and comply with such law, regulation, ordinance or code in all respects.

As stated in Clause 15 above, the You/DELIVERY PARTNER shall be solely responsible and liable for the safe transportation and timely delivery of the Goods/Products in accordance with the terms and conditions of this Delivery Partner T&C. You/DELIVERY PARTNER however, shall not be liable for any loss or damage or delay to the shipments, if such loss or damage or delay has been caused as result of Force Majeure.

INDEPENDANT CONTRACTOR:

You/DELIVERY PARTNER have been entrusted with the provision of Services under this Delivery Partner T&Cas an Independent Contractor. Nothing in this Delivery Partner T&C shall be deemed to create or constitute to create a Joint Venture, Partnership, Agency or employment relationship between the Company and You or Your workers / employees for any purpose, including but not limited to withholding for the purpose of social security, income-tax or other entitlement of Your workers / employees.

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20. TERMINATION:

  1. The Company shall have a right to terminate this Delivery Partner T&C by the issue of one (1) month notice in writing to You and You can terminate this Delivery Partner T&C any time by issue of two (2) months’ notice in writing.

  2. This Delivery Partner T&C may be terminated by the Company without any prior notice on an immediate basis and without any compensation under any of the following Circumstances:

    1. If You have become insolvent;

    2. If You have been convicted of any crime which in the Company’s reasonable

      judgment is likely to adversely affect the goodwill of theCompany.

    3. Any failure by You to comply with any of the provisions of this Delivery Partner

      T&C;

    4. Failure by You to provide Services as per agreed time schedule;

    5. If any of Your representations and warranties in connection with this Delivery

      Partner T&C are incorrect or false.

21. CONSEQUENCES OF TERMINATION:

  1. On expiry or earlier termination of this Delivery Partner T&C for any reason whatsoever You shall complete the transportation of the Goods which have been acceptedorthat areintransitandensurethattheGoodsaredeliveredtoCompany‘s Customer/s or Seller/Vendor, as the case maybe.

  2. The COMPANY shall make payment of the undisputed amounts due to You/DELIVERY PARTNER under this Delivery Partner T&C within 30 days from the date of such termination.

  3. You/DELIVERY PARTNER shall return all originals and copies in any form of the COMPANY’s property (Confidential/Proprietary materials or work product) that is in your possession or control including but not limited to Customer/Seller/Vendor details/information that may be in your possession or in possession of your employees, agents, sub-contractors, sub-agents or individuals assigned to perform the Services under this Delivery Partner T&C and shall delete and destroy all original and copies of any confidential or residual content/data of the COMPANY not so returned and shall provide proof of compliance with the termination obligations contemplated under this Clause.

22. ADDITIONAL REPRESENTATIONS AND WARRANTIES: You represent and warrant that:

  1. You have the authority to sign and execute this document on behalf of the Parties for whom they are signing.

  2. You are fully authorized and have all capacity and power to enter into this Delivery Partner T&C and perform in accordance with the terms and conditions stated herein.

  3. The execution of this Delivery Partner T&C does not violate any covenant stipulation/condition of any agreement/deed entered into by You with any third party,

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and

d. You shall comply with all statues, bylaws, regulations and requirements of any government or other competent authority relating to them for conducting the matters, which are the subject matter of this Delivery Partner T&C.

You have obtained all statutory clearances necessary for carrying out the functions and have no legal impediments to perform the obligations hereunder.

23. CONFIDENTIALITY &NON DISCLOSURE

  1. You/DELIVERY PARTNER are obliged not to disclose any business or trade secrets as well as any other Confidential Information including business relations between the COMPANY and the Sellers/Vendors or any other entities/individuals being disclosed verbally or in writing, to You/DELIVERY PARTNER or your employees in furtherance to this Delivery Partner T&C. However, any exchange of verbal information must be reduced in writing in order to bring it within the ambit of this Delivery Partner T&C; You/DELIVERY PARTNER shall be solely responsible to provide the reference of the Company to the third parties only with the prior written consent of the Company. The disclosure to Your employees are permitted, only if the employees need the disclosed information for contributing to the subject matter of this Delivery Partner T&C, and if they have been obliged to confidentiality in a manner corresponding to this non-disclosure clause, for example, as a part of their work Agreement.

  2. The obligation to maintain secrecy does not apply to information that has already been published at the point of disclosure to You/DELIVERY PARTNER or that has already been known to You/DELIVERY PARTNER before its disclosure by the other contracting party. The obligation also does not apply in the event, where the disclosed information is known to You as it has been generated, independently by You and without any recourse to such disclosed information.

  3. The obligation to maintain secrecy ceases as soon as the information to be treated as secret, has been published without Your direct or indirect contribution or the information is legally disclosed to You/DELIVERY PARTNER by a third party who is not obligated to the secrecy clause with the Customer.

  4. You/DELIVERY PARTNER are entitled to passing on the respective information insofar as legal provisions deem it necessary. In this case, however, You shall be obligated to notify the Customer immediately and to give the latter, an opportunity of taking timely action to prevent such disclosure. You shall return the provided information to the Customer on demand and delete any information saved electronically without storing any copies or other reproductions, after the termination of this Delivery Partner T&C.

  5. There will be no right of retention. But, the information carriers including the copies that You/DELIVERY PARTNER require in order to fulfill its documentation obligations according to legal provisions of this Delivery Partner T&C are excluded from the obligation to return the disclosed information.

  6. The obligation under this clause continues to remain in force during the contractual term and till an expiry of period of 5 years from the date of conclusion of this Delivery Partner T&C.

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24.

COMPLIANCE WITH LAW:

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You/DELIVERY PARTNER hereby agree that You shall comply with all applicable laws, in performing your obligations hereunder, including the procurement of licenses, permits, certificates and any other requirements with regard to the Services and activities to be provided hereunder. If at any time during the term of this Delivery Partner T&C, the Company inform or information comes to your attention that you are or may be in violation of any law, ordinance, regulation or code (or if it is so decreed or adjudged by any court, tribunal or other authority having competent jurisdiction) and You shall immediately take all appropriate steps to remedy such violation and comply with such law, regulation, ordinance or code in all respects.

The Company reserves the right to modify or amend the Delivery Partner T&C at its sole and absolute discretion with or without notice. You agree that the Company will not be liable to You or to any third party for any modification, suspension or discontinuance of the service offered under the Platform/Website/App.

PREVIOUS UNDERSTANDINGS:

This Delivery Partner T&C supersedes all previous understandings, agreements, correspondence, etc. on this subject between the Parties hereto.

WAIVER:

No departure from the terms of this Delivery Partner T&C shall obligate any party to permit any subsequent departure and no waiver of any of the provisions of this Delivery Partner T&C shall be deemed to be a waiver thereafter of any such provision or of any succeeding breach of any such provision.

NOTICE:

All notices given pursuant to this Delivery Partner T&C shall be in writing and shall be sent by registered post at the last known address, by email or hand delivery with the parties’ concerned and authorized representatives at the addresses shown hereinabove.

COMPANY:
Address:
No. 417, 4th A Cross, 2nd Block, HRBR Layout, Banaswadi, Bangalore-560043 Email:
contact@mykanjee.com

DELIVERY PARTNER:

Address as detailed in the documents uploaded by the Delivery Partner, providing his/her address and contact email details.

FORCE MAJEURE:

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No Party shall be in default for breach of this Agreement by reason of any failure in its performance if such failure arises out of causes beyond the control or without the fault or negligence of such Party. Such causes include but are not limited to acts of God, of the public enemy, civil commotion, wars, strikes, labour unrest, sabotage, terrorism, riots, or other acts of natural calamity.

GOVERNING LAW:

This Delivery Partner T&C shall be governed by the Laws of India and the courts at Bangalore shall have jurisdiction to try the matters herein.

INDEMNITY:

You/DELIVERY PARTNER shall indemnify, defend, and hold harmless the Company and its agents, officers, directors, employees, distributors, and dealers (“Indemnified Parties”) from, against, and in respect of any and all claims, liabilities, obligations, losses, costs, expenses, penalties, fines, judgments, and damages incurred by the Indemnified Parties, whenever arising or incurred (including but not limited to amounts paid in settlement, costs of investigation, and reasonable attorneys’ and accountants’ fees and expenses) arising out of or relating to:

a. Your breach of any representation, warranty, covenant or other duty, obligation or provision of Services under this Delivery Partner T&C,

b. any third party claim arising out of or relating to Your breach of any representation, warranty, covenant or other duty, obligation or provision of this Delivery Partner T&C, or;

c. Your failure to comply with applicable law, rule or regulation with respect to this Delivery Partner T&C. This indemnity shall survive the termination of this Delivery Partner T&C.

DISPUTE RESOLUTION:

Any dispute, controversy, claim or disagreement of any kind whatsoever between or among the Parties in connection with or arising out of this Delivery Partner T&C or the breach, termination or invalidity thereof (hereinafter referred to as a “Dispute”) shall at first instance be referred to the senior most representatives of the Parties for amicable resolution. If the Dispute remains unresolved within 30 (thirty) days of reference to the senior most representatives of the Parties, then the same shall be referred to and finally resolved by arbitration.

The Arbitration shall be conducted at Bangalore be conducted by a sole arbitrator appointed by both the parties as per the provisions of the Arbitration and Conciliation Act 1996 and any amendments thereto and the venue of the arbitration shall be in Bangalore, India .The language to be used in the arbitral proceedings shall be English.

GOVERNING LAW AND JURISDICTION:

This Delivery Partner T&C shall be governed and interpreted by and construed in accordance with the laws of India without giving effect, if applicable, to the principles of

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conflict of laws, thereof or there under and Courts at Bangalore, India shall have exclusive jurisdiction for the purpose of interim reliefs or interlocutory orders or enforcement of any arbitral award.

34. HEADINGS:

The headings in this Delivery Partner T&C are for purposes of reference only and shall not in any way limit or otherwise affect the meaning or interpretation of any of the terms hereof.

35. COUNTERPARTS:

This Delivery Partner T&C may be executed in two counterparts, each of which shall be deemed to be an original, and all of which, when taken together, shall constitute one and the same instrument.

By checking the box in the aApp you agree to the terms of this the Delivery Partner Terms and Conditions contract.

ANNEXURE – I

TARIFF TABLES AND TRANSIT TIME AND FEE DETAILS

<<Please insert the transit time details as agreed with the DELIVERY PARTNER>>

FEE

The Fee payable to the Delivery Partner shall comprise a fixed base pay of INR 15,000 and incentive.

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The incentive shall be computed in the following manner:
INR 76.92 per day upon successful deliveries, expected incentive per month is INR 2,000.

TERRITORIES

Bangalore

(Territory refers to pick up locations and delivery locations (i.e.) the region or areas agreed to between the DELIVERY PARTNER and the Company.)

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