This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder 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 are consenting to be bound by these Delivery Partner Terms and Conditions for using the Vpledge Partner App to receive orders and deliver the products to the Users. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE DELIVERY PARTNER TERMS AND CONDITIONS BEFORE YOU USE THE VPLEDGE PARTNER APP, AS YOU SHALL BE BOUND BY ALL THE DELIVERY PARTNER TERMS AND CONDITIONS CONTAINED HEREIN upon clicking on the "I ACCEPT" button. If You do not accept any Of our terms and conditions, please do not use the Vpledge partner App. YOUR AGREEMENT TO THE DELIVERY PARTNER TERMS AND CONDITIONS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND VPLEDGE IN RESPECT OF THE SERVICES OF THE VPLEDGE PARTNER APP.
Your engagement with Vpledge to use the services of the Vpledge Partner App is subject to your acceptance of these Delivery Partner Terms and Conditions. Vpledge reserves the right, at its sole discretion, to change, modify, add or remove these Delivery Partner terms, in part or whole, at any time, without prior notice to You. It is Your responsibility and duty to check the Delivery Partner Terms and Conditions periodically for changes. Your continued use of the Vpledge Partner App following the posting of changes will mean that You accept and agree to the changes. As long as You comply with these Delivery Partner Terms and Conditions, Vpledge grants You a personal, non-exclusive, non-transferable, limited privilege to enter and use the service on the Vpledge Partner App.
Vpledge does not warrant that You will be able to use Vpledge Partner App and/ or will be able to provide the Delivery Services at all times or locations on our Partner App or that the partner app and the Partner App Services will be uninterrupted or error-free or that the defects will be capable of being corrected by us in a timely fashion. The Vpledge partner app, Device, the output generated therefrom, and all other technology developed by us are provided to you on an "AS IS" and "AS AVAILABLE" basis and We specifically disclaim all warranties and indemnities, express, implied or statutory, including without limitation any warranty of merchantability, fitness for a particular purpose, accuracy, completeness, or any other warranty arising from the course of performance or course of dealing.
"Acceptance" means your affirmative action of clicking on the box against the words "I Accept" provided at the end of these Delivery Partner Terms and Conditions, by which action, you unequivocally accept the Terms and Conditions and any modifications thereof;
"Agreement" shall mean the Delivery Services Availability Agreement executed between Vpledge and the Vpledge Partner under which the Delivery Partner has agreed to undertake Delivery Services;
"Applicable Law" shall mean and include any law, statute, ordinance, rule, regulation, guideline, policy or other pronouncement having the effect of law in India, as in effect or which may come in effect on a future date;
"Vpledge" or "We" or "Us" or "Our" shall mean VP Delivery Services Private Limited, a company incorporated under the Companies Act, 1956, and having its registered office at 220D, Rajasthan Technical Centre, Patanwala Compound, LBS Road, Ghatkopar West, Mumbai – 400086 which expression shall, unless it is repugnant to the context or meaning thereof, be deemed to mean and include all our successors, affiliates and assigns;
"Vpledge Partner" or "Delivery Partner" or "You" or "Your" or "Yourself" shall mean an individual who has executed Agreement for the provision of Delivery Services;
"Vpledge Partner App" or "Delivery Partner App" or "Partner App" shall have the meaning assigned to it in the Agreement. It's a software/application that will be used by Delivery Partner all the time for providing service to the users.
"Delivery Partner Information" shall mean and include any personal data collected from the Delivery Partner including knowing your customer documents with Delivery Partner's bank, copies of valid government issued identity proof, residence proof, location data, vehicle registration certificate, driving license, and any other information that Vpledge may deem fit;
"Delivery Services" shall mean either or both of the following as the context may require:
"Terms and Conditions" or "Delivery Partner T&C" refers to these Delivery Partner Terms and Conditions, which are available on the Vpledge Partner App and our website, as may be amended from time to time;
"Termination Date" shall mean the date on which these Delivery partners T&C and the Agreement shall stand terminated;
"Intellectual Property Rights" shall mean and include the copyright (whether registered or not), patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs ( both industrial and layout), geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, reproducing rights, domain names, internet address, graphics, artwork, links, information, logos, software, configuration, marketing, and distribution material and any other intellectual property right in the website of Vpledge, and Vpledge App, which are used and/or owned by Vpledge;
"Vpledge Support" shall mean a support number provided by Vpledge for ensuring all questions and queries of Delivery Partners operating are answered as well as providing all necessary operational support that such Delivery Partners may require;
"Vpledge Partner App" shall have the meaning assigned to it in the Agreement. It shall also include for all purposes the mobile interface provided to the Delivery Partner wherein all the back-end technology is incorporated to enable the Delivery Partner to provide Delivery Services as well as enable Vpledge, to track the orders and other relevant information;
Unless the context of these Delivery Partner Terms and Condition otherwise requires:
A word or an expression, which denotes a natural person shall include an artificial person (and vice versa), any one gender shall include the other genders, the singular shall include the plural (and vice versa).
Heading and bold typeface in these Delivery partners T&C are for convenience only and shall be ignored for interpretation.
The use of the word "including" followed by a specific example(s) in these Delivery Partner T&C, shall not be construed as limiting the meaning of the general wording preceding it.
The rule of construction, if any, that a contract should be interpreted against the parties responsible for drafting and preparation thereof, shall not apply.
Reference to any clause, article, section, or schedule shall mean a reference to a clause, article, section or schedule of these Delivery Partner T&C unless specified otherwise.
Reference to any Applicable Law shall mean a reference to that law as amended, consolidated, supplemented, or replaced.
APPLICABILITY OF DELIVERY PARTNER T&C
These Delivery Partner Terms and Condition together with the Agreement shall form the complete understanding between the Parties. By accepting our Terms and condition, You acknowledge and agree to the Delivery Partner Terms and condition and Vpledge policies that we make applicable to You from time to time, to the fullest extent possible.
Unless defined herein, the words, phrases, and capitalized terms, which are contained or referred to in these Delivery Partner Terms and Conditions, shall be construed as having the meaning thereby attributed to them in the Agreement.
DELIVERY PARTNER SERVICES & DELIVERY PARTNER APP LOGIN
Subject to terms and conditions contained in these Delivery Partner Terms and conditions and the Agreement, the Delivery Partner agrees to make himself available whenever he willing to accept the orders on the Delivery Partner App to undertake Delivery Services as and when a request for the same is placed by a User through the App and to provide Delivery Services to the Users to the best of his abilities.
Delivery Partner agrees and acknowledges that the upon acceptance of an order by the Delivery Partner, Delivery Services undertaken by him shall constitute a separate contract for services under the Consumer Protection Act, 2019 or any successor legislation, between the Delivery Partner and the User, to which Vpledge is not a party.
There is no amount to be paid by a Delivery partner to Vpledge for availing services of the Vpledge Partner App.
The Delivery Partner shall register and create an account on our Partner App to be able to render Delivery Services. The Delivery Partner acknowledges that the sign-in details, including the Mobile Number and OTP, are confidential and, accordingly, shall not share them with any third party, without written approval from us.
The Delivery Partner shall have access to the Vpledge Partner App at all times unless there is a technical glitch or if the Partner App is being updated. Once Sign-in, the Delivery Partner shall remain Online and shall be able to connect with the Users to receive orders placed by the Users and undertake Delivery Services in connection with the same.
The Delivery Partner confirms and acknowledges that by login on the Partner App, he agrees to be tracked by Vpledge via GPS enabled tracking technology and we may share this information with Users on a real-time basis to enable the status of the Delivery Services being provided by the Delivery Partner to the Users. The Delivery Partner further agrees that Online Status on the Delivery Partner App shall be deemed acceptance of the Delivery Partner's intention to take/accept/bid for the orders of Users to render the Delivery Services mentioned herein.
All reasonable attempts shall be made by the Delivery Partner to accept the order from the Delivery Partner App as quickly and efficiently as possible.
SERVICE FEES AND DELIVERY PARTNER PAYMENT
Notwithstanding anything contained in these Delivery Partner Terms and Condition, there shall be no obligation on the Delivery Partner to be available online on our Delivery Partner App for a minimum number of hours/days. The Delivery Partner acknowledges that he has flexible timings and can choose to log-in the Partner App anytime he wants and for howsoever long he wants, at his sole discretion. Vpledge shall also not supervise the actions and conduct of the Delivery Partners unless they are in gross violation of their duty to render Delivery Services under these Delivery partners T&C or the Agreement. All queries and questions raised by the Delivery Partner, including but not limited to how to collect an order from the users, directions for the pickup and delivery address, manner to keep and handle the Product while in transit shall be directed to a Vpledge Support.
In consideration for the Delivery Services provided by the Delivery Partner to the Users of delivering products to the Users, the Delivery Partner may charge the Users a service fee ("Delivery Charges"), subject to such Delivery Charges being accepted by the User at the time of placement of the order. The Delivery Charges shall be agreed between the Delivery Partner and Vpledge from time to time, in the manner provided under these Delivery Partner Terms and Conditions.
You agree to "ADD CREDIT" in your account to accept and complete Cash orders from the user.
To pay the Delivery Partner for the orders completed by him/her on the Vpledge Partner App for the orders placed by the users, Vpledge may, at its discretion, pay the Delivery Partner a fee ("Earning").
Notwithstanding anything to the contrary under Clause 4(b) above, the Delivery Partner hereby absolutely, unconditionally and irrevocably authorizes Vpledge to determine the amounts Payable to the Delivery Partner as Earning, through such means as We may determine, including real-time analysis of the demand for Delivery Services, the availability of delivery partners on the Partner App to provide Delivery Services to the Users, traffic and weather conditions, seasonal peaks and such other factors as We may deem fit, and you agree that the Earning may be revised from time to time based on one or more of these factors. We shall, from time to time and through such means as we may deem fit, notify You the Earning that You may earn per delivery basis.
You shall not charge or ask the Users any amount at any locations over and above the number of Delivery Charges agreed between Vpledge and User's under our Terms and Conditions.
You hereby agree that the payment collected online from the Users and You're earning to complete that order. It will be remitted to you on a daily/weekly basis through such mode and on such day(s) of a week as we may from time to time decide.
Vpledge may, at its discretion, pay the Delivery Partner an additional amount and/or incentive (in addition to what we collect from the Users) for the Delivery Services provided by the Delivery Partner using the Partner App.
We may, at any time: (a) set off and deduct any amounts due from, payable by or proposed to be paid by us to the Delivery Partner, (b) apply such amounts towards any amounts due from, or payable by the Delivery Partner under or in connection with the Agreement and the Delivery Partner T&C, including without limitation the Platform Charges. We shall have the right and the obligation to pay only such amounts due and payable by us to the Delivery Partner, if any amount so remains due and payable after such set-off, deduction, and application as set out under this Clause 4(h). Nothing in this Clause 4(h) shall prejudice any right or remedy available to us, whether under contract, law or equity to recover any amounts due from, or payable by the Delivery Partner under or in connection with the Agreement and the Delivery Partner T&C, whether such amounts arise under contract, tort, statute or equity.
OBLIGATIONS OF DELIVERY PARTNER
Delivery Partner makes himself/herself available online to undertake Delivery Services as and when a request for the same is placed by User through the Delivery Partner App.
The Delivery Partner shall undertake the Delivery Services by himself and shall not delegate the same to any individual or third party.
The Delivery Partner can choose to complete the Order by i) Feet, ii) Bus or Train iii) Cab or Auto iv), or any other mode of transport. If required, Delivery Partner has to use his vehicle ("Delivery Partner Vehicle") for providing Delivery Services. No vehicle of any kind shall be provided by us under any circumstances.
The Delivery Partner shall ensure that the Delivery Partner Vehicle is well maintained and in good condition so that there are no delays in rendering Delivery Services.
The Delivery Partner shall hold and possess a valid driving license and a valid registration number for the Delivery Partner Vehicle, if required under the Applicable Law for the vehicle used by the Delivery Partner for providing Delivery Services, which are up to date and in subsistence throughout the Term of these Delivery Partner T&C. Copies of the driving license as well as the registration certificate of the Delivery Partner Vehicle, including any other Delivery Partner Information, shall be uploaded in the Delivery Partner App at the time of registration.
The Delivery Partner shall have valid and adequate insurance coverage to the Delivery Partner Vehicle. Delivery Partner shall ensure that the insurance is valid, up to date and in subsistence throughout the Term of this Delivery Partner T&C
During undertaking Delivery Services, the Delivery Partner shall conduct himself with honesty, discipline, and in accordance with the policies and instructions of the Vpledge, whether presently in force or adopted in the future, including but not limited to behavior, safety, driving rules, etc.
Delivery Partner shall not commit any fraud while providing Delivery Services or otherwise commit any act or omission, to gain any undue advantage. Delivery Partner agrees and acknowledges that in case we believe that the Delivery Partner has committed any of the foregoing while undertaking Delivery Services, We shall, in addition to its right to terminate the Agreement and these Delivery Partner Terms and Condition and permanently ban the account, in its sole discretion reserve the right to (a) disable the Delivery Partner from undertaking Delivery Services through the Partner App for such time as it deems fit and /or (b) deduct the undue gain made by the Delivery Partner through the fraudulent orders from the payout including incentives. This right to withhold payout including incentives thereof may also be exercised by us in the event service parameter guidelines, as prescribed by us from time to time, is not met.
At no time whatsoever shall the Delivery Partner tamper, damage, open or do anything to the Products of the Users that he/she is not specifically permitted to do. In case Vpledge suffers any loss due to the Delivery Partner tampering, damaging or loss of the Products of the Users, We shall have the right to recover any loss, if any, from the payments required to be made by Vpledge to the Delivery Partner under the Agreement or these Delivery partners T&C.
The Delivery Partner acknowledges that the goodwill and reputation of Vpledge are at stake with how effectively and efficiently the Delivery Partner renders Delivery Services according to these Delivery Partner T&C. Accordingly, the Delivery Partner shall not do any act that adversely affects our brand and undertakes to be in compliance with Applicable Law at all times and protect the brand image, business reputation, or any other asset/property of Vpledge.
While logged-in the Delivery Partner App, the Delivery Partner shall not engage in any illegal activity or perform any actions that are contrary to Applicable Law.
All Confidential Information procured shall at all times be kept confidential and used only for the limited permitted purposes of rendering Delivery Services.
The Delivery Partner is not entitled to claim reimbursement of hospitalization/ hospital bills that may be incurred by the Delivery Partner while rendering Delivery Services or incurred by his family members for any unfortunate accidents or severe illness, during the subsistence of Agreement and these Delivery partners T&C.
OBLIGATIONS OF VPLEDGE
We shall endeavor to take reasonable and financially prudent measures to ensure a sufficient flow of orders from Users to the Delivery Partner.
All Delivery Partner Information procured shall be kept confidential and used only as per these Delivery Partner T&C and the Agreement.
We shall make all reasonable efforts to ensure that the Delivery Partner App is running at all times. However, it shall not be liable for any technical glitches or updates due to which a Delivery Partner is unable to log-in to the Partner App or receive orders.
DELIVERY PARTNER INFORMATION
We may collect Delivery Partner Information at the time of execution of these Delivery Partner T&C or at any time thereafter, to establish the identity of the Delivery Partner. We reserve the right to store, process, access and use the Delivery Partner Information for business purposes and needs, background check, verification, marketing, service, development, analytics, research, and any other purpose as we may deem fit and in accordance with Applicable Law. The Delivery Partner hereby expressly consents to such collection and use of Delivery Partner Information.
Subject to Applicable Law, we may provide to a third party, governmental agency, judicial body, any Delivery Partner Information or information relating to Delivery Partner Services, if there is a complaint, dispute or conflict, including any accident involving a Delivery Partner on one hand and end-consumer, or a third party on the other hand.
INTELLECTUAL PROPERTY RIGHTS
The Parties hereby agree that all Intellectual Property Rights shall be in absolute ownership, possession, and control of Vpledge, and the Delivery Partner is only permitted to use such Intellectual Property Rights in connection with Delivery Services rendered under these Delivery Partner T&C as are specifically permitted by us. The Parties hereby clarify that no license or rights is granted in the Intellectual Property Rights to the Delivery Partner under these Delivery Partner T&C, by implication or otherwise.
Notwithstanding anything contained in these Delivery Partner T&C, in the event the Delivery Partner uses the Intellectual Property Rights in such manner to license, sub-license, create derivative Intellectual Property Rights, use it otherwise not being in connection with Delivery Services rendered under these Delivery Partner T&C, the same shall constitute a breach of these Delivery partners T&C and We reserve its rights to resort to legal proceedings against the Delivery Partner for recovering damages and losses suffered or likely to be suffered.
REPRESENTATIONS AND WARRANTIES
The Delivery Partner represents and warrants as follows:
The Delivery Partner is capable of entering in the present Agreement, according to the Indian Contract Act, 1872 and is not below the age of 18 years as on the Effective Date.
All Delivery Partner Information provided shall be true and correct and no information that could impact the Delivery Partner's performance to render Delivery Services according to these Delivery Partner T&C and shall not be hidden from the Vpledge anytime during the subsistence of these Delivery Partner T&C.
The Delivery Partner has not been convicted by any court in India or any other country of any crimes including but not limited to involving moral turpitude. Further, the Delivery Partner is not a party to any pending litigation, which shall materially affect Your obligations under these Delivery Partner T&C.
Vpledge hereby represents and warrants as follows:
It is fully capable of executing these Delivery Partner T&C and Delivery Service Agreement and has the necessary authority.
It shall not exercise operational supervision on the activities of the Delivery Partner as they are free to determine how to render Delivery Services so long as the Vpledge reputation and goodwill are not damaged.
DELIVERY PARTNER LIABILITY
The Delivery partner may become liable for any material damage and/or consequential loss, such as loss, theft, material damage, or damaging the products during the delivery of products, except where the foregoing is due to factors such as, without limitation, fault of the person at pick up or drop location, a Force Majeure Event, a defect inherent to the Products or Insufficient packaging.
The Delivery partners shall not be liable for any indirect loss resulting from the Delivery of Products or the failure of the Delivery of Products
SUSPENSION OF DELIVERY PARTNER ACCOUNT.
Vpledge reserves the right to terminate or Ban the account of the Delivery Partner for a particular time duration or permanently according to these Terms and Condition and/or the Agreement and deny the Delivery Partner access to Partner App at any time for any reason. The date on which the Delivery Partner's access to the Vpledge Partner App is intentionally blocked by the Vpledge shall be considered as the account ban of these Delivery Partners T&C and the Agreement.
Without prejudice to the generality of the foregoing clause, We reserve the right to terminate or ban the account for any Delivery Partner in regards to T&C and the Agreement with immediate effect for:
Any breach of the terms of these Delivery partners T&C or the Agreement by the Delivery Partner;
failure to verify or authenticate Delivery Partner Information; and
any action or omission by the Delivery Partner which can cause legal or contractual liability for Vpledge including but not limited to fraudulent conduct, complaints, continuous unsatisfactory reviews by the Users, misconduct, negligence, and all other actions specifically prohibited under Applicable Law.
Vpledge is also at liberty to permanently terminate the accounts at their discretion, where, in their opinion, a continuance of the services of Delivery Partner is detrimental to the business interest of Vpledge due to the acts of the Delivery Partners, such as the following:
Misbehavior, rude behavior with the staff of Vpledge, Users, or any other persons associated with the Vpledge.
Any acts involving criminal offense punishable under law, including physical assault, threatening any of the staff OR Users.
Poor & irregular for work, meetings, and failure to abide by the rules /terms of the contract.
Drunk while doing the orders and drunken behavior.
Denying/ fast forwarding/ cancelling the order placed by a user's.
Commission of fraud / misappropriation/embezzlement for undue monetary gain, which is against the interest of the Vpledge.
Negligence in performing the duty, causing damage to the products of Users.
Indulging in spreading content through digital media, social networking sites, or any other form, which could be detrimental to our brand and its image.
Indulging in unauthorized disclosure of Confidential Information of our service to an external agency, person, or organization.
Absconding for more than 4 hours with any asset, delivery product, money or any other valuable item belonging to Vpledge, its Users, or any person belongs to Vpledge.
Failure to abide by any of the rules and guidelines are given by Vpledge as part of service quality standards and principles.
Doing any act unbecoming of a Delivery Partner.
In case the document verification check, whether wholly or partially, is found negative at any point in time during the term of these Delivery Partner T&C.
Upon the account ban and termination of these Delivery Partner T&C and the Agreement, the Delivery Partner shall return the assets, Cash, belonging within 24 hours from the Termination Date. In case the Delivery Partner fails to do so, we reserve the right to set-off the cost of assets against the payments required to be made by Vpledge to the Delivery Partner under the Agreement or the Delivery Partner T&C.
Notwithstanding anything contained in this Clause, We reserve the right to recover any amounts due and owed by the Delivery Partner and take appropriate legal actions that may be available under Applicable Law and equity for recovery of any amounts due.
COMPLIANCE WITH APPLICABLE LAW
The Delivery Partner agrees and consents to comply with all Applicable Law at all times while providing the Delivery Services and while accessing the Vpledge Partner App.
We reserve the right to change, modify, reinstate, amend or delete any terms and conditions contained in these Delivery Partner T&C, without prior notice, at any time and in its sole discretion, by posting a change notice or a new agreement on the Vpledge Partner App. The Delivery Partner shall be responsible for keeping himself apprised and informed of the revised terms and conditions at all times.
RELATIONSHIP OF THE PARTIES
The Delivery Partner is an independent business contractor and this Delivery Partner T&C is a principal-to-principal contract. It shall not create any partnership, joint venture, employment, agency, franchise, sales representative, or any vicarious and absolute liability relationship between the parties. It is clarified between the parties that neither of the parties shall be liable for any action or omission of the other party in any manner. It is clearly understood and agreed that under these Delivery Partner T&C no relationship of employer and employee exists between Vpledge and Delivery Partner. The Delivery Partner shall not have any claim for permanent employment or employment benefits under any statutes / local laws.
INDEMNIFICATION AND LIMITATION OF LIABILITY
You agree and undertake to indemnify and to hold harmless the Vpledge its affiliates, successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives or any third party from and against any losses, damages, liability, claims, costs, penalty and expenses (including, without limitation, reasonable attorneys' fees) incurred by reason of
any breach or alleged breach by You of your obligations, performance or observance of your role, functions, responsibilities, representations, or warranties under the Delivery Partner T&C and the Agreement;
any violation of Vpledge policies;
any act or omission that causes or may cause harm to the reputation and goodwill of Vpledge;
any claim of violation of the intellectual property of Our or any third party by your usage of Intellectual Property Rights in a manner not permitted under the Agreement and these Delivery Partner T&C;
Your misconduct or unauthorized access or use of the User data on the Vpledge Partner App or by the transferring of such data to any third party or unauthorized disclosure or use of Confidential Information of ours.
any act of theft, fraud, negligence, and misconduct by you;
any damage to the User's Products or any asset; and
any misbehavior towards the Users or our employees or tampering/Mishandling the Product and packaging while performing the Delivery Services.
You shall be liable to indemnify and hold Vpledge harmless against all damages, losses, costs, and expenses incurred by Vpledge as a consequence of any complaint from any User received by us with respect to any error or deficiency in the Delivery Services.
In addition to the indemnification rights of Vpledge under these Delivery Partner Terms and Condition, We shall also be entitled to such other remedies available under Applicable Law for breach of contract where time is of the essence.
In no event will Vpledge be liable for any losses arising from or in connection with these Delivery Partner T&C and the Agreement, according to any claim by the Delivery Partner against Vpledge under contract, tort or otherwise, if such losses could have been avoided by the Delivery Partner using reasonable efforts to mitigate them. Further, the Vpledge shall also not be liable to the Delivery Partner in contract, tort, or otherwise for indirect, special, incidental, exemplary, punitive, or consequential damages of any kind whatsoever even if advised of the possibility of such damages.
We shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Delivery Partner arising out of the use of the Vpledge Partner App offered by us to the Delivery Partner directly or indirectly, for any reason whatsoever, including but not limited to damage or loss caused to the Delivery Partner as a result of a User's non-compliance, which includes, but is not limited to, any incorrectly placed voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer or telecommunications system or other circumstances whether or not beyond the control of Our or any person or any organization involved in the above mentioned systems. Without prejudice to the above, We shall not be liable for any direct or indirect loss or damage, which may be suffered by the Delivery Partner as a result of any failure by a User to show up within any stipulated time even if We agreed to such timing or even if the User has advised Vpledge of the possibility that he/she may not show up within the stipulated time.
The Delivery Partner shall be solely liable for all accidents/incidents while providing the Delivery Services. We shall not be held liable for any such accidents/ incidents involving the Delivery Partner.
In addition to any other remedies provided under a contract including the Agreement and these Delivery partners T&C or provided by law or in equity, We may, at any time, without notice to the Delivery Partner, set off any liability of the Delivery Partner to us against any liability of our to the Delivery Partner, whether either liability is present or future, liquidated or unliquidated, and whether or not either liability arises under these Delivery Partner Terms and Conditions.
Notwithstanding anything contrary contained in these Delivery Partner Terms and Conditions, We shall reserve a right to charge You a penalty in the event You indulge in fraudulent activities while providing Delivery Services or cancellation of the order accepted by you. The penalty may be deducted from the payments made to You by us.
Neither Party shall have any liability under or be deemed to be in breach of these Delivery partners T&C or the Agreement for any delays or failures in performance of these Delivery partners T&C and the Agreement which results from circumstances beyond the reasonable control of that Party such as acts of God, fire, earthquake, tempest, flood, lighting, the violence of an army or mob or enemies of the country.
Other than for the provision of Delivery Services by the Delivery Partner, We do not share any other information of the Delivery Partner with third parties unless requisitioned by (i) government authorities or (ii) the Delivery Partner, whether orally or in writing (via email, SMS, etc.) for any purpose whatsoever, including but not limited to availing loan from financial institutions, filing of tax returns, etc. Other than for the purpose of undertaking Delivery Services, the Delivery Partner must not disclose any confidential information about Vpledge, including but not limited to these Delivery Partner T&C, Vpledge Partner App screenshots, its business strategies, pricing & payouts, revenues, user data, order information OR any other details to third parties.
These Delivery Partner T&C and the Agreement shall be governed by the laws of India.
The courts of Mumbai shall have exclusive jurisdiction over all disputes arising from these Delivery partners T&C and the Agreement.