Pilot Terms & Conditions

PART A: GENERAL TERMS AND CONDITIONS OF USE

This Terms and Conditions/Agreement is an Electronic Record published in terms of Information Technology Act, 2000 of India and generated by a computer system and does not require any physical or digital signatures and is in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 issued under the aforesaid Act.

Before you further use this Platform, you must read all of the terms and conditions specified (all sections of this Platform including but not limited to the General Terms and Conditions of Use, the Special and Additional Terms and Conditions of use and Privacy Policy provided on this Platform) collectively hereinafter referred to as the Agreement.

By clicking on the "I ACCEPT" button, You are consenting to be bound by these terms and conditions for using the Platform for the purpose of receiving orders and delivering the goods to the Users/customers. Kindly ensure that you read and understand all these terms and conditions before you use the service of the platform, as you shall be bound by all these contained herein upon clicking on the "i accept" button. If you do not accept any of these terms and conditions please do not use this platform or avail any of the services being provided therein. Your acceptance to these terms and conditions shall operate as a binding agreement between you and the Company in respect of the services of the platform.

If you do not agree to the aforesaid paragraph, please do not proceed further on this Platform.

If this Agreement conflicts with any other document(s), this Agreement will override and supersede such other document(s) and in case of conflict between Part A (General Terms and Conditions of Use) and Part B (Special and Additional Terms and Conditions of Use), the specific provisions of Part B shall prevail. Apart from it, all the terms and conditions which are obligatory to or binding on you will be applicable.

A. GENERAL

• You agree that the courts at Ahmedabad shall have exclusive jurisdiction over the matter and shall endeavor to give effect to the Parties' intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.
• Headings are for reference purposes only and do not limit the scope or extent of such sections. The failure of the company to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. The company does not guarantee it will take action against all breaches of this Agreement.
• Except as otherwise expressly provided in this Agreement there shall be no third-party beneficiaries to this Agreement. This Agreement constitutes the entire agreement, subject to specific provisions herein, between you and the company and governs your use of the Platform and the Services, superseding any prior agreements or any communication written or oral by any mode between you and the company with respect to the Platform and/or the Services.

B. DESCRIPTION OF SERVICES/ PURPOSE:

• The Company, through this Platform, enables Pilots to accept orders from users for the delivery of goods from specified pick-up locations to designated drop-off locations, as provided by the users. The Pilots have to register their vehicles on the Platform to perform these services. The Platform supports the use of various types of vehicles for deliveries, including eco-friendly options such as manual bicycles, electric vehicles, and other environmentally sustainable modes of transportation. This flexibility allows Pilots to choose the most suitable vehicle for their delivery tasks while supporting sustainable practices. Further details related to the services may be availed from the above-mentioned application/website. The Pilot may in accordance to his/her age may be mandated to use a certain category of vehicle which may be the only option available in accordance to the law; the Pilot agrees to abide by such mandate by the Company.
• The Pilot shall be bound by the Terms of Use and all copyright policies and other applicable laws for any purpose. The company reserves the right to introduce additional terms in future as may be mandated by compliant authorities and/or otherwise. The Pilot may use the company's Applications /portal only on Supported Devices (as may be conveyed from time to time by company) that are compatible with the software. To access the application, Pilots may be required to download, install and run certain software, and updates and upgrades thereto, owned or controlled by the company and/or its service provider(s). Such software shall be governed by the accompanying software or end-user license agreement, and Pilot shall comply with the terms thereof, the terms of which are incorporated herein.
• While using and accessing this platform, Pilots provides consent to store various information of Pilots like login information, name, address, email, phone number, Pilot's option to register through Gmail/Facebook, geographical location/pin location for accurate delivery of the goods to the users etc. The Pilots understand that some or all of these may be specified under personal information and Pilots unconditionally provide Company their consent to store, use, process, transmit etc., this information. Additionally, Pilots provide consent to the company allowing the company to use various analytics tools like google / web analytics etc., over such data of Pilots. The company further collects and stores other information that may include, name, number, email, vehicle details, etc., but not limited to, to which the user completely provides their consent hereof.
• In the course of providing service/experience to the user and to provide end services, the company may be using third-party services. In such cases, direct or indirect integrations will be made with such associated third-party service providers to render certain services.
• In case of any rupture or damage to package/goods, shall make Pilot liable for any claims from the users/company. Pilot shall make sure to not change, rupture, damage, etc; to the package/goods, failure to which shall make the Pilot obligated for cost of goods/package and/or liability of the transport/delivery of illegal/non-permitted substance or otherwise.
• Any data provided by you shall be used preliminary for this purpose or any other purpose connected to fulfill the above purpose or to enhance the experience.

C. REGISTRATION:

• Registration with the Platform is by way of creating user/ Pilot ID. You are solely responsible and liable for the veracity and accuracy of all personal and other details furnished by you as well as for authentication of all documents uploaded by you at the time of registration with the Platform and afterwards.
• You hereby agree that the company may contact you either electronically, through phone or through its online and offline centers or associates, to understand your interest in the selected products and services and to fulfill your demand. You also agree that the company /the platform reserves the right to make your details available to its partners and affiliates and you may be contacted by such partners and affiliates for information through email, telephone, SMS and/or any other mode of communication.
• You hereby specifically grant a consent to receive, Transactional and Service Explicit/Implicit communications, promotional materials and/or special offers from the company through email, SMS and/or any other mode of communication. You provide your consent to the Company for saving, processing, transmitting or otherwise your data including but not limited to, authentication and verification of KYC, etc.

D. PROPRIETARY RIGHTS:

• You acknowledge and agree that the company owns all legal rights, titles and interests in and to the Platform and the Services offered herein, including any intellectual property rights which subsist in the Platform, technology, other intellectual property rights and/or the Services (whether those rights are registered or not, and wherever in the world those rights exist). All the content displayed on the Site is the sole property and is in the exclusive right, title and ownership of the Company; it may be noted that the term "Company" in context and meaning to the preceding line shall means and be interpreted as the respective institutes, organizations, publications etc., shall continue retaining their respective IPR and proprietary rights of their respective IPRs being published, accessed, hosted etc., on the platform. The copyright exists in the content on the Site as well as the Site itself is and shall always remain in the sole custody, possession, control and ownership of the Company. Copyright for this purpose includes registered as well as any unregistered copyright. You further acknowledge that the Platform may contain information which is designated confidential by the company and that you shall not disclose such information without the company's prior written consent. You may not copy, create a derivative work from, modify, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Platform and/or the Services.
• The trademarks, logos, designs and service marks ("Marks") displayed on this Site are the property of the Company (and/or the respective institutes, organizations, publications etc., respectively) and shall always remain the sole property of the Company. Trademarks and domain name of the Site also vests with the Company. Trade marks that have been applied for registration and the unregistered trademarks shall also be the sole property of the Company. You do not have the right to use any of the company's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices), which may be affixed to or contained within the Services or on the Platform. You will not copy or transmit any of the Services, components of service, data, details or information. You are strictly prohibited to modify, copy, alter, change, distribute, display, publish, transform, transfigure and/or mutate any part of the Platform and/or the Services outside the platform and/or in any manner apart from the one permissible on the platform from time to time.
• The company's application (current as well as any other launches of future) respect the intellectual property rights of our users, Pilots, Content Providers, organizations, institutes, publications and other third parties and expects them to do the same when using the Services. The Pilots shall be equally bound by confidentiality clauses and all other applicable clauses towards maintaining the sanity of the meaning of the clauses mentioned in this agreement, not only towards the company but also towards the respective content providers, source code providers, service providers, 3rd party etc., but not limited to.

E. LICENSE AND PLATFORM ACCESS/USAGE OF THE PLATFORM:

• The company grants you a limited license to access and make use of the Platform, the Services offered purely for commercial purpose only.
• This license does not include any copying of any kind of information or in any forms such as extract or reformatted for the benefit of another individual, vendor or any other third party who have not subscribed for the platform's services; caching, unauthorized hypertext links to the Platform and the framing of any content available through the Platform, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party) outside the application; uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in the company's sole discretion) an unreasonable or disproportionately large load on the company's infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools.
• You may not bypass any measures used by the company to prevent or restrict access to the Platform. Any unauthorized use by you shall terminate the permission or the limited license granted to you by the company and shall entail charges of compensation to be paid by you as may be determined by the company.
• By using the Platform, you (user) agree not to:
  1. Use this Platform or its contents for any purpose other than as defined in the Platform;
  2. Make any speculative, false, or fraudulent transaction or any transaction in anticipation of demand;
  3. Access, monitor or copy any content or information of this Platform using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  4. Violate the restrictions in any robot exclusion headers on this Platform or bypass or circumvent other measures employed to prevent or limit access to this Platform;
  5. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  6. Deep link to any portion of this Platform (including, without limitation, the purchase path for any service) for any purpose without our express written permission; or
  7. "Frame", "Mirror" or otherwise incorporate any part of this Platform into any other Platform without our prior written authorization.
  8. Use, post etc., any content which is defamatory, obscene, pornographic, pedophilic, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force. Such an act may constitute criminal proceedings against the user at his/her own risk, damage and consequences. Notwithstanding the fact that recorded contents or other parties involved in creating, producing, or delivering the Site may monitor or review any links to the Site, the company and such parties assume no responsibility or liability which may arise from the content thereof.
  9. Is harmful to child and/or impersonates any other person
  10. Infringes any patents, trademarks, copyrights, Proprietary rights and /or violates any law for the time being in force
  11. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact
  12. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation
  13. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
  14. Breach any restrictions, guidelines that may be imposed by competent authorities from time to time
  15. Use Downloaded Content upon or after the expiration of the Use Period and acknowledge that any expired Download Content will be automatically deleted from Pilot without further notice
  16. Remove any proprietary notices or labels on the Site or Site Content.
  17. Use the Site, Site Content or Service, or any portion thereof, for any purposes which are unlawful in any nation or jurisdiction in the world or for any commercial purpose whatsoever.
  18. Use the Site, Site Content or Service in conjunction with any device or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction

F. YOUR ACCOUNT

• You represent and warrant that you/ Pilot on whose behalf this account is being created /to be created and used (Parent or Legal Guardian; shall be jointly, severally and interchangeably used as "You", "Your" etc.), are of legal age and not a minor, competent to contract, having a sound mind, and under no coercion or undue influence of any person or substance or incapacitated in any manner whatsoever to form a binding contract and are not a competitor of the company or in any way or manner associated with competitor or potential competitor or a person barred from receiving the Services offered by the company under the laws of India or other applicable jurisdiction. Additionally, the Company offers the option for Pilots between the ages of 16 and 18 to register on the Platform. However, Pilots in this age group must provide written consent from their parent(s) or legal guardian(s) as a prerequisite for registration.
• To complete the registration, Pilots between 16 and 18 years of age are required to submit this written consent along with valid identification documents for age verification purposes. This ensures compliance with legal requirements and confirms the authenticity of parental or guardian consent. You will use the Platform to make legitimate use for you or for any other person for whom you are legally authorized to act (and will inform such other persons about the Agreement and/or Privacy Policy) that apply to the use of the Platform and the Services on their behalf (including all rules and restrictions applicable thereto). You also agree to provide true, accurate, current and complete information about yourself as required by the Platform. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the company has the right to refuse and/or deny access of any and all existing or future use by you of the Platform (or any portion thereof).
• Notwithstanding the above, the company retains the right at its sole discretion to deny access to anyone to the Platform and/or the Services it offers, at any time and for any reason, including, but not limited to, for violation of the Agreement or Privacy Policy or any other policy that may be in force with or without reason.
• The Pilot shall be responsible for creation and saving of their own registration Id and password (Strong password containing alpha numeric usage along with special character should be used) and company recommends the same to be changed at regular periodic intervals.

G. LOCAL LAWS

The company controls and operates this Platform from its headquarters in Ahmedabad (Gujarat), India and makes no representation that the Services offered on the Platform are appropriate or available for use in other locations or jurisdictions. If you use this Platform from other locations/jurisdiction, you are responsible for compliance with applicable local laws (including the taxation aspect, Fiscal and Economic Laws) and regulations including but not limited to the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on this Platform are solely directed to individuals, companies or other entities interested in getting on boarded onto platform for the services as may be enlisted therein from time to time. By agreeing to these terms and conditions of use, you confirm and undertake that neither you nor any of your representatives shall have the right to challenge the governing law and jurisdiction as more specifically set out herein and/or in Part B (Special and Additional Terms and Conditions) as the case may be.

H. SUBMITTED CONTENT

• The company does not claim ownership and/or usability/suitability of any information, data, documents and/or materials ("Materials") of any kind made available by you through the Platform; however, there are various institutions which may have been on-boarded as one of the key user group of this platform which has subscribed for various 3rd party contents. These contents are owned by respective 3rd party content providers, publishers etc., and platform in no way claims ownership, accuracy, veracity etc., of such content which may be subscribed or made available by institutions and/or by such 3rd party publishers. At the company's sole discretion, such Materials may be included in the Services in whole or in part or in a modified form. With respect to such Materials, you submit or make available for inclusion on the Platform, you grant the company a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such Materials or any part thereof (as well as use the name that you submit in connection with such submitted content) unless specially agreed otherwise by the company.
• You hereby represent, warrant and covenant that any Material you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section. In case any liability arises on the company then you shall be solely liable and shall indemnify the company. We take no responsibility and assume no liability for any Material and its content posted or submitted by you. We have no obligation to post your Material or comments; we reserve the right in our absolute discretion to determine which Material/comments are published on the Platform. If you do not agree to these terms and conditions, please do not provide us with any Material/content for submission. You agree that you are fully and solely responsible for genuineness, veracity and authentication of the Material and content you submit.
• You are prohibited from posting or transmitting, including but not limited to the following, to or from this Platform:
  1. Any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services) unless specifically required by the company;
  2. Any unauthenticated or manipulated data (in any form) leading to forgery or business deal failures.
• Apart from the above four mentioned clauses, this section also includes all the clauses (related to uploading and usage of content on/to platform) mentioned under title "Platform-Provided Message Postings (Including Forum)" in the document below.
• Any noncompliance/breach/infringement of the above shall entitle the company to take strict actions as it deems fit against you. You shall be solely liable for any damages, claim, costs and expenses resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Platform.

I. LIMITATION OF LIABILITY

The company and its Partners, Subsidiaries, Joint Ventures, Associates, Officers, Directors, Employees, Representatives, Affiliates, and providers (hereinafter referred to "The company's Associates") will not be responsible or liable for:

• (a) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with:
  1. any failure or delay (including without limitation the use of or inability to use any component of the Platform), or
  2. any use of the Platform or Services, or
  3. the performance or non-performance by us or the company's Associates, even if we have been advised of the possibility of damages to such parties or any other party, or
  4. any errors or omissions in any content or for any loss or damage incurred as a result of the use service; and/or
  5. pilot content or the defamatory, offensive, or illegal conduct of any third party
  6. your misconduct or unauthorized access or use of the Pilot data on the Platform or by the transferring of such data to any third party or unauthorized disclosure or use of Confidential Information of Platform or the user, or
  7. any act of theft, fraud, negligence and misconduct by you, or
  8. any damage to the goods or user's property or any asset, or
  9. any misbehavior towards the users or Company and its employees or tampering with the goods packaging while performing the delivery services.
• (b) any damages to or viruses that may infect your computer equipment or other property as the result of your access to the Platform or your downloading of any Service from the Platform.
• (c) any unanticipated, unforeseen damages, risk and/or claims that may arise due to usage of this platform

In no event shall the company/platform, its affiliates, partners, employees, advisors, service providers and/or licensors etc., be liable to the Pilots under contract, tort or otherwise, if such losses could have been avoided by the Pilot using certain reasonable effort. Additionally, the company/platform shall not liable to the Pilot or any third party, in contract, tort or otherwise for indirect, special, incidental, exemplary, punitive or consequential damages of any kind for any claims, proceedings, liabilities, obligations, damages, losses and/or costs incurred upon the company/platform due to the use of this platform by the Pilot. Notwithstanding anything contrary, the total maximum aggregate liability of the company/platform shall not exceed INR. 15,000/- (Rupees Fifteen Thousand Only)

J. INDEMNITY

The Pilot agrees to indemnify, release and hold harmless the company and the end customer/users, company's partners, associates, employees, advisors, third party service providers from any and against all liabilities, claims, causes of action, demands, recoveries, losses, damages, fines, penalties, interests or other costs or expenses of any kind or nature, including any complaints from any user/ or any third party, reasonable attorneys' fees, or arising out of or related to breach of this Agreement, violation of any law or the rights of a third party, or use of the Platform/Services. The Pilot shall be solely responsible for his/her behavior with the end customer/user, the Pilot shall completely indemnify the Company from any risks, claims or damages which may arise due to any act, behavior, comments or otherwise of the Pilot.

K. ELECTRONIC COMMUNICATION

• When you use the Platform, you are communicating with the company electronically. You consent to receive communications from the company electronically. The company may communicate with you by email or by posting notices on the Platform or by phone or usually available means of communication.
• You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to visit our terms and conditions & Privacy policy on the company's website periodically (at least once in a year) and in case you do not agree to the same, kindly cease the usage of the platform immediately.

L. PLATFORM-PROVIDED MESSAGE POSTINGS (INCLUDING FORUM)

• The Platform may provide Pilots with the ability to post messages on the Platform. The Company is under no obligation to validate in any manner to review any messages, information, data or content ("Postings") posted on the Platform by Pilots and assumes no responsibility or liability relating to any such Postings.
• Notwithstanding the above, the Company may from time to time monitor the Postings on the Platform and may decline to accept and/or remove any Postings. You understand and agree not to use any functionality provided by the Platform to post content or initiate communications that contain:
  1. Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, terrorism, religious harmony, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law;
  2. Advertisements or solicitations of any kind;
  3. Impersonate others or provide any kind of false information;
  4. Personal information such as messages which state phone numbers, account numbers, addresses, or employer references.;
  5. Messages by non-spokesperson employees of the company purporting to speak on behalf of the company or containing confidential information or expressing opinions concerning the company;
  6. Messages that offer unauthorized downloads of any copyrighted or private information;
  7. Multiple messages placed within individual folders by the same Pilot restating the same point;
  8. Chain letters of any kind; or
  9. Identical (or substantially similar) messages to multiple recipients, advertising any product or service, expressing a political or other similar message(s), or any other type of unsolicited commercial message.
• This prohibition includes but is not limited to:
  1. Using the Platform to send messages to people who don't know you or who are unlikely to recognize you as a known contact;
  2. Using the Platform to connect to people who don't know you and then sending unsolicited promotional messages to those direct connections without their permission; and/or
  3. Sending messages to distribution lists, newsgroup aliases, or group aliases

M. LINKS AND BROWSER EXTENSION

The Platform or third parties may provide links to other World Wide Web sites or third-party resources. Such third-party contents and links are provided solely for your convenience and information only. As the company has no control over such sites and resources, you acknowledge and agree that the company is not responsible for the availability of such third party external sites or resources, and does not endorse and is not responsible or liable in any manner whatsoever for any such third party content, advertisements, products or other materials on or available from such third party sites or resources. You further acknowledge and agree that the company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party content, goods or services available on or through any such third party site or resource. The company reserves the rights to store and process the browsing history as may be required for internal analysis purposes.

N. ACCESS TO PASSWORD PROTECTED/SECURE AREAS

Access to and use of password protected and/or secure areas of the Platform is restricted to authorized users/Pilots only. Unauthorized individuals attempting to access or accessing these areas of the Platform may be subject to prosecution and/or legal action under the applicable laws.

O. MODIFICATION AND NOTIFICATION OF CHANGES

The company reserves the right to make changes to the Platform, Services, related policies, payment terms and agreements, this Agreement (all sections) and the Privacy Policy at any time. If the company makes a material modification to this Agreement, you are advised to refer to this Agreement from time to time. If you choose to continue using the Platform, you agree that by doing so you will be deemed to accept the Agreement.

P. SURVIVAL OF TERMS AFTER AGREEMENT ENDS

Notwithstanding any other provisions of this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement.

Q. YOUR TELEPHONE CALLS

Telephone calls that you make to our customer service help line on the numbers mentioned in the Contact Us section of the Platform or calls made by our support desk may be monitored or recorded. This will help us to train our staff and improve our services to you. A recording will only be used under proper and careful supervision. Our customer service help line is available on the times notified in the Contact Us section of the Platform. Your telecom provider will charge you at local rates for calls made to non-toll-free numbers. Any solicitation talks shall not be entertained and you as a Pilot of the Platform are bound to maintain the dignity as a tele-talker. All rules and regulations as applicable to telephone calls/Tele Talks in this regard shall apply and you as a Pilot are bound to comply with the same

R. FEEDBACK

Your feedback makes us better. Please feel free to share it with us. We will assume no responsibility for reviewing unsolicited ideas and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future the company programs. Please do not reveal trade secrets or other confidential information in your messages to the company. Any and all rights to materials submitted to us become the exclusive property of the company. The company is not bound to act or implement any discretionary measures against any complaint/feedback received. However, the company in good faith shall use its best efforts to use the same in a positive way and shall endeavor to take reasonable efforts to improve/improvise the Platform to the extent possible.

S. ADDITIONAL TERMS AND CONDITIONS ON CERTAIN SECTIONS OF THE SITE

In addition to Part A of this Agreement, users who desire to access and use specific categories/sections on this Platform for the purpose of accessing the Services, are bound by such special and additional terms and conditions of use governing those categories/sections as more specifically defined in Part B of this Agreement. Users are mandatorily required to review, accept and confirm such special and additional terms and conditions before accessing and using the Services available in such specific categories/sections. By accessing these categories/ sections, you agree to be bound by any such special and additional terms and conditions. In the event the special and additional terms and conditions are inconsistent with any part or portion of Part A of this Agreement, the special and additional terms and conditions of Part B being specific in nature shall control and take precedence.

PART B: SPECIAL AND ADDITIONAL TERMS AND CONDITIONS

[In addition to the terms and conditions set out in Part A, these Special and Additional Terms and Conditions set out herein are applicable to Pilots. In the case of conflict between Part A (General Terms and Conditions of Use) and Part B (Special and Additional Terms and Conditions of Use) the specific provisions of Part B will prevail.]

All registered Pilots shall ensure compliance with the following terms and conditions at all times through the Platform of the company (the term shall hereinafter deem to include its third-party partners, employees, affiliates, agents and representatives where the context so requires):

A. OBLIGATIONS OF PILOT

1. Subject to these terms and conditions, the Pilots agree that it will make himself/herself available on the Platform to undertake delivery services as and when a request for the same is placed by a user of the platform, and will provide services to such users to the best of his abilities. The Pilot will have access to the Platform at all times unless and until there is any technical glitch or in case of any updates. Therefore, after logging in, the Pilots shall remain available to the users and shall be able to connect with the users of the platform to receive orders and undertake services.
2. The Pilot agrees that it shall undertake the services by himself/herself and shall not delegate the same to any other individual or third party.
3. The Pilots understand, agree and acknowledge that after acceptance of an order from the user, services undertaken by the Pilot shall constitute a separate association for services under the applicable laws or any legislations, between the Pilot and the user of the platform and the company will not be a party to such association.
4. At the time of availing the services from the platform for the first time from Company, the Pilots shall, at the discretion of company may be required to pay an onboarding fee to company or an interest free refundable security deposit as may be prescribed by the company from time to time.
5. Further, the company may charge an additional fee for any training and support services provided by the company. Further, the company may at its own discretion provide the Pilot with certain company owned assets including, but not limited to, uniform, smart phone, bags, vehicles, etc. Upon termination of these T&C and association of the Pilot with the company, the Security Deposit (if any), will be refunded back to the Pilots after return of all the assets. In case the assets returned are not in usable condition apart from normal wear and tear. Then the company may deduct such amount from the deposit as may deem fit.
6. The Pilots will have to create a login ID on the platform to be able to render the services. The Pilots acknowledge that the sign-in details, including the username and password, are confidential. The Pilots agree that they shall not share these login details with any third party without explicit written consent from the company.
7. The Pilots agree and acknowledge that as they are logging-in on the platform, they are agreeing that the company will be tracking GPS enabled tracking technology. Further, the company may share such tracking information with users of the platforms on a real-time basis for enabling the status of the services being provided by the Pilots to the Users.
8. The Pilots agree that all reasonable attempts shall be made by them to collect the order/goods and deliver it to the users, as quickly and efficiently as possible.
9. In consideration for the services provided by the Pilots to the users of the platform, the Pilots may charge the users a delivery fee. This fee shall be subject to such delivery charges accepted by the user at the time of booking. Such delivery charges shall be agreed between the Pilots and the company from time to time. Such delivery charges may be revised based on certain factors including but not limited to availability of the Pilots, traffic, weather conditions, seasonal peaks, etc. The Pilots shall not charge or ask for any additional amount from the users other than the delivery charges as decided by the company.
10. For providing the services to the users through the platform, the Pilots shall use their own vehicles which must be registered on the platform and the Pilots shall provide the details and documents of such registered vehicles to the company. Further, the Pilots shall make sure that the vehicle is well maintained and in good condition to avoid delays and any mishaps. All the expenses to be incurred by the Pilots for maintaining, riding and running the vehicle shall be solely and exclusively be borne by the Pilot himself or herself. However, the Company may provide certain vehicles to the Pilot on its discretion and the company may collect security deposit from the Pilots against the vehicles.
11. The Pilots shall hold and possess a valid driving license and a valid registration number for the vehicle, as required under the applicable laws for the vehicle used by the Pilots for providing services. Such required licenses shall be renewed and up to date throughout the term of these terms and conditions and association of the Pilots with the company. The company asks for a copy of the driving license as well as the registration certificate of the vehicles. The Pilot shall ensure that all mandatory compliances related to vehicle and himself/herself shall be appropriately maintained such as vehicle insurance, commercial registration of the Vehicle, Fitness Certificate for the vehicles as per the required law, RTO tax, driving licence, vehicle registration documents, accident insurance, PUC certificate, intra state and inter state transportation permits as per the requirement of law, etc. The company shall bear no liability or responsibility for any vehicle or Pilot who fails to comply with applicable laws, regulations, or requirements pertaining to the vehicle's operation, maintenance, or documentation. It is the sole responsibility of the Pilot to ensure adherence to all relevant legal obligations.
12. The Pilots shall have a valid and adequate insurance coverage for the vehicle. The company may ask for a copy of the insurance policy from the Pilots. Further, it shall be noted that the Pilots shall be liable and obligated to make payment towards the premium of such insurance cover. Under no circumstances the company shall have the obligation to make any payment in association with such insurance cover of the vehicle owned by the Pilot.
13. The Pilot agrees that it shall conduct himself/herself with honesty, discipline and in accordance with the policies and instructions of the company. This shall include but not limited to safety rules, driving rules, applicable laws related to motor vehicles, etc.
14. The Pilots shall not commit any fraud while providing services to the users of the platform or otherwise commit any act or omission, to gain any undue advantage from the users/company. In case the company believes that the Pilot has committed any of the foregoing then the company reserves the right to terminate this agreement at sole discretion. Additionally, the company may have the right to disable the account of the Pilot for such time as it deems fit and /or may deduct the undue gain made by him/her through any fraudulent orders from the security deposit, if any.
15. The Pilots agree and acknowledge that he/she at no time shall tamper, damage, open or do anything to the orders/goods of the users. The company has the right to recover the penalty from the Pilot in case the company suffers any loss due to such tampering, damaging or opening of the orders/goods.
16. In case the Pilots are required, under instructions from the company, to use his/her personal cash for the purpose of paying any third party in lieu of collecting the order from it on behalf of the user of the platform then the Pilot shall collect the original receipt from such third party and re-collect the same payment from the user by handing the receipt.
17. The Pilot shall not demand any additional amount apart from the one agreed on the platform. Additionally, Pilot shall always have an active QR Code where users can make the payment, such QR Code shall be of the Company. The Pilot shall not provide any additional service to the users which is not consented in writing by the Company.
18. The Pilot shall strictly follow Company's statement of purpose and conduct himself or herself in a manner they have been trained and instructed. The Pilot shall never exchange any personal information with the user including but not limited to phone number, email address, etc and shall in no manner contact the user once the delivery is done. In case the Pilot is found guilty then the Pilot shall be tried under the applicable laws and a police complaint regarding the same shall be registered in case required.
19. The Pilot shall immediately purge any data it has been exposed to, including but not limited to the phone number of the user; Pilot shall be prosecuted in accordance with criminal laws if he/she creates any ruckus, nuisance, harassment, injury or otherwise to the user in any manner.
20. The Pilot acknowledges and agrees that the Company will deduct applicable taxes from the payments made to the Pilot in compliance with applicable laws and regulations.

B. CONFIDENTIALITY

• The provisions of this Section are in addition to the provisions of the Privacy Policy required to be accepted by the Pilot. All information shared by the Pilot as a registered account holder with the Platform and/or the company shall deem to be confidential information and the Platform has put in reasonable and appropriate protective measures to ensure that confidentiality of the same is protected.
• However, if such information is shared with any third parties such party shall be responsible for maintaining the confidentiality of the same as per the applicable laws and shall be liable in case of any breach.
• The Platform shall have the right to share the Pilot information with the 3rd parties, service provider, regulatory and/or statutory authorities and/or any other agency as may be required under applicable laws as well as with its partners, employees, alliances, affiliates, agents and representatives on need-to-know basis.
• All information shared by third parties with the Pilot on the Platform shall also be treated as confidential information (unless the same is available in public) and the Pilot shall take appropriate and reasonable measures in its system to protect the same at its end. Any breach or negligence in this regard at the Pilot's end leading to any third party claims on the Pilot, the company and/or the Platform shall be handled and settled by the Pilot at its own cost and expense and the company shall not be responsible or liable for the same.

C. TERMINATION

The Company reserves the right to modify, alter or terminate these terms and conditions and/or the Agreement and deny the Pilot access to the platform at any time without assigning any reason. The date on which the access to the platform is intentionally blocked by the company shall be considered as the date of termination of association and/or agreement. Further, the company reserves the right to terminate agreement with the Pilot on immediate basis in case of the below mentioned-

1. breach of any terms and conditions mentioned;
2. any action or omission by the Pilot which may cause legal or contractual liability for the company;
3. the services provided by the Pilot are detrimental to the business interests of the company;
4. Pilot has concealed any material information or data from the company;
5. Pilot is involved in any criminal offence during the association with the company;
6. Pilot has done any misbehavior with the employees/associates of the company, users of the platform, any third party involved during the services rendered through the platform;
7. in case Pilot is found consuming intoxicating substance or substances banned by laws while on duty;
8. any poor performance including productivity, login hour, number of deliveries completed, quality standards such as denying/ fast forwarding/ cancelling the order, etc;
9. in case the Pilot shows negligence in performing the services, causes damages to the goods/orders or any company assets;
10. spoiling the brand image of the company/platform through spreading wrongful/defamatory content on social media, etc;
11. in case the Pilot absconds with the orders/goods or the company assets; In case of termination, the Pilot shall return all the assets provided by the company within 2 days from the date of termination. In case the Pilot fails to return the assets, the company reserves the right to forfeit the security deposit.

In any event, the Pilot wants to terminate these terms and conditions and/or agreement, then he/she shall provide a written notice of 15 days to the company.

D. POST TERMINATION OBLIGATIONS

Upon termination of the association, the Pilot shall: -

1. Handover all the company assets;
2. Delete and/or purge all the information of user or any information related to Company and the platform;
3. The Pilot shall not in any manner contact/circumvent company by getting in touch with company's customers, users, employees or otherwise;
4. Pilot shall not spell out or leak all and any confidential information received during the association with the Company;
5. Pilot shall reconcile or payout any company related dues within 7 days from the date of termination;
6. Pilot shall follow all the continuing/ surviving clauses of this terms and conditions.

E. INDEMNITY

A breach or noncompliance of these Special Terms and Conditions by the Pilot can cause severe and irreparable loss and damage to the company, the Platform and/or a third party. The company and the Platform reserve their right to recover all losses, costs and expenses incurred in case the Pilot breaches or fails to comply with any of the provisions of this Part B.

F. DISPUTE RESOLUTION

Amicable Settlement

• If any dispute arises between the Parties in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement (Terms of Use, Part A, B and Disclaimers) the disputing Parties hereto shall endeavour to settle such Dispute amicably. The attempt to bring about an amicable settlement shall be considered to have failed if not resolved within thirty (30) days from the date of the Dispute.

Arbitration

• If the disputing Parties are unable to amicably settle the Dispute in accordance with above, within the period specified therein, any party to the Dispute shall be entitled to serve a notice invoking this Clause and making a reference to arbitration.
• The arbitration shall be conducted and managed in an AD-HOC arbitration method in a digital mode. The arbitration shall be conducted under a sole arbitrator which is mutually accepted and selected by both parties. The place of arbitration shall be Ahmedabad (India) and all arbitration proceedings shall be conducted in the English language.
• The Courts at Ahmedabad, India shall have sole and exclusive jurisdiction on all questions relating to the validity of the arbitration provisions and the law governing interpretation of these arbitration provisions.
• Notwithstanding the above, you hereby accept that by agreeing to these Terms and Conditions of Use that neither you nor any person acting for and on your behalf shall raise a ZERO COMPLAIN (from any jurisdiction) and you hereby accept and bind yourself to the dispute resolution and jurisdiction clause as set out herein.

G. GOVERNING LAWS AND JURISDICTION

• This Agreement (Terms of Use-including part A and B) and the relationship between you and the company will be governed by the laws of India without regard to its conflict of law provisions. Subject to the above, the courts located in Ahmedabad (India) shall have exclusive jurisdiction with respect to any legal proceedings that may arise in connection with this Agreement.
• Notwithstanding the above, you hereby accept that by agreeing to these Terms and Conditions of Use that neither you nor any person acting for and on your behalf shall raise a Zero Complain/ Zero FIR (from any Jurisdiction) and you hereby accept and bind yourself to the dispute resolution and jurisdiction clause as set out herein and/or in the Special and Additional Terms and Conditions as the case maybe.

H. WARRANTIES

• The company reserves the right to discontinue or alter any or all of application/website services, at any time at company's sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any application/website services.
• To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our application/website and the use of our application/website.
• No warranty: The company sites, services, and software are provided "as is," with no warranty, implied or statutory, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. The company disclaims any implied, express, or statutory warranties regarding the security, reliability, timeliness, and performance of the solutions & services, including information or advice obtained through the company.
• Other than as expressly set out in these terms or additional, in no event shall Company, its officers, directors, employees, advisors, vendors, service providers and/ or agents, be liable to the Pilot for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from users access to and use of our service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our servers, (iv) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our service by any third party, (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of use of any content posted, emailed, transmitted, or otherwise made available via the Company's client, whether based on warranty, contract, tort, or any other legal theory, and whether or not company is advised of the possibility of such damages, and/or (vi) the disclosure of information pursuant to these terms of service or privacy policy. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Some jurisdictions may allow the prudence and enforceability of certain warranties, like the implied warranty of services fitness for a particular purpose etc.; however, to the extent permitted by law, company excludes all such warranties and strongly advises user to proceed with usage of the platform only if he/she agrees with the Terms and Conditions and Privacy Policy of the company as stated herein.
• Although the Application may link to other websites ("External Sites"), the company is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any External Site, unless otherwise specifically stated herein. By accessing the company's portal/application/website, Pilot acknowledges and agrees that the company has not reviewed the External Sites and is not responsible for the content contained on any External Site. Pilot's access and use of any External Site is at Pilot's own risk, damages and consequences. The Site may contain information or advertising for third parties. Company expressly denies any endorsement, sponsorship, approval, or agreement with any third-party communication made available via the Site. Company shall not be deemed to have considered, reviewed, screened or approved any such third-party communication.

I. FORCE MAJUERE

• Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
• You hereby accept the above Special and Additional Terms and Conditions and agree to be bound by the same. Any breach, violation or non-compliance shall entitle the company, the Platform and/or its representatives to take necessary action against me/us. You hereby declare that you are of major age and an individual or an entity legally capable and compatible to enter into this Agreement / contract.
• You hereby confirm by clicking on "I Accept" [ ] for having read and understood the Agreement (Terms of Use, all sections - Part A & Part B, Privacy Policy, Refund Policy and Disclaimers, are construed to make total and complete agreement) and accept the same in its entirety. You agree to be bound by all the provisions and sections of this Agreement (as applicable to you). Any breach, violation or non-compliance of the same shall entitle the Company, its representative and/or the Platform to take necessary action including legal action against me/us.
• You acknowledge that you have read and have understood these Terms, and that these Terms and Conditions have the same force and effect as a signed agreement by you.