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Welcome! We’re excited to partner with you to deliver all necessary and the luxury items one desires at his/hers’ door step. 

This document is an electronic record in terms of Information Technology Act, 2000 (“IT Act, 2000”), the applicable rules there under and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 which require publishing the rules and regulations, privacy policies, and Terms & Conditions for access or usage of our online application named as “PERIKART”.

The range of services are offered through a mobile application that is owned and operated by Perril Technologies (OPC) Private Limited (hereinafter referred to as 'Perikart'), a company incorporated under the Companies Act, 1956, with its registered office at Roy’s Segment, Boragadhoi, Duliajan, Dibrugarh, 786602, Assam, India.

Any natural or legal person who has agreed to become a delivery partner on the Platform by providing their required documentations while registering on the Platform using computer systems is referred to by the term “you” or “your” for the purpose of the Terms and Conditions (hereinafter referred to as “T&C”). The word ‘user’ shall collectively imply a seller, a buyer, and delivery partner on the Platform and the terms ‘we’, ‘us’ and ‘our’ shall mean Perikart.

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 & Conditions for using the Perikart Delivery Partner Platform for the purpose of receiving orders and delivering the Products to the Users. 

PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE DELIVERY PARTNER T&C BEFORE YOU USE THE SERVICE OF THE PERIKART DELIVERY PARTNER PLATFORM, 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, please do not use the Perikart Delivery Partner Platform 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 PERIKART “VIA” REGISTERED VENDOR OF “PERRIL TECHNOLOGIES (OPC) PRIVATE LIMITED” IN RESPECT OF THE SERVICES OF THE PERIKART DELIVERY PARTNER PLATFORM AS YOU WILL BE DIRECTLY APPOINTED UNDER THE COMPANY’S REGISTERED VENDOR.

The rules, guidelines, policies, terms and conditions applicable to the services provided by us through the platform will be deemed incorporated into the T&C and considered a part of T&C. T&C may be changed, modified, added  or removed at any time, at our sole discretion. If any changes or updates are made to the T&C which materially impact your use of the Platform, we will notify you via any of the communication methods. Your continued use of the Platform following the changes or updates will mean that you accept and agree to the revisions. As long as you comply with the T&C, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Platform.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS, SO PLEASE READ THE T&C CAREFULLY BEFORE PROCEEDING. If you impliedly or expressly accept the T&C, you also accept and agree to be bound by all Perikart’s policies as applicable to you, as amended, from time to time.

ELIGIBILITY OF A DELIVERY PARTNER - The use of the Platform is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use this Platform. If you are someone, who is under the age of 18 years, you cannot register as a Delivery Partner on the Platform, transact or use the Platform. Perikart reserves the right to terminate your registration and/or refuse you access to the Platform, if it is discovered that you are under the age of 18 years.

 

ACCOUNT REGISTRATION - As part of your use of the platform, you agree to us with your details and information as requested from time to time. You shall remain responsible for maintaining confidentiality of your display name, login and password details. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the T&C, we shall have the right to suspend or terminate your account on the Platform or indefinitely block you from accessing the Platform. Perikart does not charge any fee for registering on the Platform.

 

SERVICE 

1. Subject to terms and conditions contained in these Agreement, the Delivery Partner agrees to makes himself available on the Perikart Delivery Partner Platform to undertake Delivery Services as and when a request for the same is placed by a User through the Perikart Platform, and to provide Delivery Services to the Users to the best of his abilities.

2. Delivery Partner agrees and acknowledges that, 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 legislations, between the Delivery Partner and the User, to which Perikart is not a party.

3. The Delivery Partner shall create a log-in ID on the Perikart Delivery Partner Platform to be able to render Delivery Services. The Delivery Partner acknowledges that the sign-in details, including the username and password, are confidential and, accordingly, shall not share them with any third party, without written approval from Perikart.  

4. The Delivery Partner shall have access to the Perikart Delivery Partner Platform at all times unless there is a technical glitch or if the Platform is being updated. Once logged-in, the Delivery Partner shall remain available and shall be able to connect with the Users for the purpose of receiving orders placed by the Users and undertaking Delivery Services in connection with the same.

5. Precise time of delivery of products: 09:00 AM To 09:30 PM.

6. The Delivery Partner confirms and acknowledges that by logging-in on the Perikart Delivery Partner platform, he agrees to be tracked by Perikart via GPS enabled tracking technology and Perikart may share this information with Users on a real-time basis for the purpose of enabling the status of the Delivery Services being provided by the Delivery Partner to the Users. The Delivery Partner further agrees that logging-in on the Perikart Delivery Partner  Platform shall be deemed acceptance of the Delivery Partner’s intention to accept orders of Users to render the Delivery Services mentioned herein.

7. All reasonable attempts shall be made by the Delivery Partner to collect the order from the registered Sellers and deliver it to the Users, as quickly and efficiently as possible.

8. Fires, floods, strikes, or other causes beyond the reasonable control of the parties, which prevent Delivery partner from delivering or Buyer from receiving any of the goods & services covered by the purchase order, shall suspend deliveries until the cause is removed.

9. Title shall pass to Buyer upon Buyer's receipt of goods at destination. Risk of loss or the liability of all goods shall remain with the Delivery Partner i.e., the vendor, until received by Buyer at destination. Any kind of fraud or unreasonable delay or any hinder, in delivery of goods and services caused by Delivery Partner or vendor’s negligence, then only the vendor will be liable and bear the consequences.

10. As soon as the seller receives the returned goods at the seller's destination, ownership passes to the seller. All returned goods remain at the risk of the Delivery Partner, i.e., the vendor, until returned to the Seller. When delivery partners or vendors cause fraud, unreasonable delays, or any hinder in returning goods and services, only the vendor is responsible and liable.

11. As a delivery partner, you will be entitled to one attempt per day where you can reject delivery orders if you are online. Nevertheless, if you refuse to accept an order on the same day for the second time, your account will be suspended for 24 hours and you will not be able to access it. 

12. Company is not liable for any delayed settlement if the vendor provides any kind of incorrect information regarding the bank details.

13. All kinds of charges, fees or incentives of the delivery partner shall be borne by the vendor itself.

 

OBLIGATIONS OF THE VENDOR 

The company’s registered vendor shall be fully responsible for all legal matters concerning the workers. The delivery partner under the vendor needs to abide by all the rules and regulations, terms and conditions set forth by Peril Technologies (OPC) Pvt. Ltd.; if they fail to follow the same or do not show any good quality performance than we are not liable to pay for the same. Following are the terms and conditions-

1. The Delivery partner shall be asked to respect corporate policies, including but not limited to the conflict-of-interest policy, privacy policy and security policy.

2. It will be the duty or responsibility of the Vendor to supervise the work of the Delivery partner supplied by him under the instructions of the Company through its representative who will do that work and the Delivery partner will obey and carry out the directions given by him/her.

3. In distress, loss or theft, delay, and damage to the orders caused by the Delivery Partners while attending the delivery services, the vendor is obligated to respond to calls from the Technical Assistant of Perril Technologies OPC Private Limited or the Delivery Partner Himself/herself. Also, make amends for the cause and resolve the situation.

4. The Delivery partner needs to use due care and caution in the operation of his duty and will strictly comply with all safe driving& traffic rules of the road, including all the speed limits, posted directional signs and parking regulations. Under no circumstances will he/she operate his/her delivery service while under the influence of drugs or alcohol or when his physical or mental condition may be otherwise impaired.

5. To exercise appropriate care and caution whilst engaging in the operation of the delivery vehicle and complying with all state, federal and local laws that include, but are not limited to, parking laws, driving laws, and regulations.

6. The vehicle the Delivery partner uses for delivery services will:

• Not be used for personal errands while going to, during or returning from delivery, unless directed by the employer i.e., the vendor.

• Be maintained in good condition and repair.

• Comply with all the rules and regulations governing safe and unlawful operation.

• Comply with all the guidelines established by the employer i.e., the vendor.

6. Violation of any of the standards, procedure or guidelines applicable to the Delivery partner position may result in immediate suspension or termination; Also, Perril Technologies private Ltd. (OPC) has the right to suspend or terminate any of the delivery people as and when required without giving any cause or prior notice.

7. The Delivery partner is prohibited from carrying any passengers without Company’s management authorization and will uphold the high driver standards of a delivery driver.

 

OBLIGATIONS OF PERIKART

1. If the Company finds that any of the Delivery partner supplied by the Vendor is not carrying out the work properly or satisfactorily or is otherwise physically unfit to carrying out the work involved, the Vendor shall withdraw such Delivery partner from duty and substitute some another in his place. The Company’s complaint will be final and accepted by the Vendor or the Delivery partner as justified.

2. Perikart shall endeavor to take reasonable and financially prudent measures to ensure sufficient flow of orders from Users to the Delivery Partner.  

3. All Delivery Partner Information procured shall be kept confidential and used only as per these Delivery Partner Terms & Conditions and the Agreement.

4. Perikart shall make all reasonable efforts to ensure that the Perikart Delivery Partner Platform 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 the Perikart Delivery Partner Platform or receive orders.

 

OBLIGATIONS OF DELIVERY PARTNER

1. Delivery Partner makes himself/herself available to undertake Delivery Services as and when a request for the same is placed by User through the Perikart Delivery Partner Platform.

2. If required, the Delivery Partner shall use his personal vehicle (“Delivery Partner Vehicle”) for providing Delivery Services. No vehicle of any kind shall be provided by Perikart under any circumstances.

3. 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.

4. All expenses incurred in maintaining, running and riding the Delivery Partner Vehicle shall be borne exclusively by the Delivery Partner unless otherwise agreed by Perikart’s registered vendor.

5. 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 handed to the Perikart before commencing Delivery Services or at any other time deemed appropriate by Perikart.

6. The Delivery Partner shall have a 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 these Delivery Partner T&C. A copy of the insurance policy shall be given by the Delivery Partner to the Perikart. The Delivery Partner further confirms that all premium payments towards the insurance policy shall be paid exclusively by the Delivery Partner. Under no circumstances shall Perikart be liable to make any payment with respect to such insurance.

7. During the course of undertaking Delivery Services, the Delivery Partner shall conduct himself with honesty, discipline and in accordance with the policies and instructions of the Perikart, whether presently in force or adopted in the future, including but not limited to safety, driving rules, etc. The Delivery Partner shall also comply with all Applicable Law including the provisions of the Motor Vehicles Act, 1988 and its corresponding rules.

8. 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 Perikart believes that the Delivery Partner has committed any of the foregoing while undertaking Delivery Services, Perikart shall, in addition to its right to terminate the Agreement and these Delivery Partner T&C, in its sole discretion reserve the right to (a) disable the Delivery Partner from undertaking Delivery Services through the Perikart Delivery Partner  Platform 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 thereof and/or the Security Deposit, if any. This right to withhold payout including incentives thereof may also be exercised by Perikart in the event service parameter guidelines, as prescribed by the Perikart from time to time, is not met.

9. At no time whatsoever shall the Delivery Partner tamper, damage, open or do anything to the packed & sealed orders of the Users that he/she is not specifically permitted to do. In case Perikart suffers any loss due to the Delivery Partner tampering, damaging or opening the packaging of product(s) ordered by the Users, Perikart shall have the right to recover any loss, if any, from the payments required to be made by Perikart to the registered vendor for the Delivery Partner under the vendors’ Agreement or these Delivery Partner Terms & Conditions.

10. Delivery Partner is only allowed to open the package in case of “open box verification” service only in front of the user who ordered that package.

• The Verification system is not applicable for all products except electronics, electronic accessories, electrical & hardware products. 

• Open Box Verification ensures that the right product is delivered without any external damages, and that all the required accessories are enclosed, before accepting delivery.

• You should understand that only you are entitled to open product package and place the product for your verification.

• You agree to open and inspect the product in the presence of the customer only. You understand that verification means checking the physical appearance and components of the product, if any, and does not include testing the functioning of the product.

• You understand that in case the product which is received is in damaged condition, has missing parts/accessories, or is completely different from what was ordered, the delivery will be considered as 'failed', and, you will have to immediately initiate the refund process of the prepaid payment 

• A video shall be recorded while unpacking the open box product and will be kept by the customer until he/she accepts the order and pay for the same (applicable for COD). 

11. Where the Delivery Partner is required to collect the value of the order (COD payment) from the User but is not required to pay the value of the order to the Seller, then any amount or the accumulated amount of a day, collected by the Delivery Partner from the Users on behalf of and due to Perikart, shall be deposited by the Delivery Partner or it’s vendor to the Perikart account through NEFT or RTGS the very next working day by 12 PM in such manner and at such frequencies as Perikart may instruct from time to time. 

12. The Delivery Partner shall not undertake the Delivery Services by himself/herself and shall delegate the same to Perikart’s registered Vendor.

13. Upon receiving any order to render Delivery Services after logging-in the Perikart Delivery Partner Platform, the Delivery Partner shall act and perform his role in an ethical manner and to the best of his abilities by ensuring a timely pick-up and delivery. In case of any delays due to traffic, the Delivery Partner shall inform the Seller and the User and follow instructions as given by them.

14. The Delivery Partner acknowledges that the goodwill and reputation of Perikart is at stake with how effectively and efficiently the Delivery Partner renders Delivery Services pursuant to these Delivery Partner Terms & Conditions. Accordingly, the Delivery Partner shall not do any act that adversely affects Perikart 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 Perikart.

15. While logged-in the Perikart Delivery Partner Platform, the Delivery Partner shall not engage in any illegal activity or perform any actions that are contrary to Applicable Law.

16. All Confidential Information procured shall at all times be kept confidential and used only for the limited permitted purposes of rendering Delivery Services.

17. 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 Partner Terms & Conditions.

 

DELIVERY PARTNER INFORMATION

1. In order to establish the identity of the Delivery Partner, Perikart may collect Delivery Partner Information at the time of execution of these Delivery Partner Terms & Conditions or at any time thereafter. As Perikart deems fit and in compliance with applicable law, it may store, process, access, and use Delivery Partner Information for business purposes, background checks, verifications, marketing, service, development, analytics, and research, as well as any other purpose. The Delivery Partner hereby expressly consents to such collection and use of Delivery Partner Information.

2. Under Applicable Law, Perikart may provide any Delivery Partner Information or information related to Delivery Partner Services to a third party, government agency, or judicial body, if a complaint, dispute or conflict arises, including an accident between a Delivery Partner and a consumer, or third party;

 

INTELLECTUAL PROPERTY RIGHTS

1. Upon executing these Delivery Partner Terms and Conditions, both Parties agree that Perikart owns, possesses, and controls all Intellectual Property Rights. The Delivery Partner may only use these Intellectual Property Rights as specifically permitted by Perikart in connection with Delivery Services provided under these Delivery Partner Terms and Conditions. By implication or otherwise, the Parties expressly clarify that no license or rights are granted to the Delivery Partner in respect of the Intellectual Property Rights.

2. Notwithstanding these Delivery Partner Terms & Conditions, in the event the Delivery Partner uses the Intellectual Property Rights in such manner so as to license, sub-license, create derivative Intellectual Property Rights, or otherwise use them, not being in connection with Delivery Services rendered under these Delivery Partner Terms & Conditions, the same shall constitute a breach of these Delivery Partner Terms & Conditions and Perikart reserves 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:

1. The Delivery Partner is capable of entering in the present Agreement, and is not below the age of 18 years as on the Effective Date.

2. 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 pursuant to these Delivery Partner Terms & Conditions and shall not be hidden from the Perikart anytime during the subsistence of these Delivery Partner Terms & Conditions.

3. The Delivery Partner has not been convicted of any criminal offense, including but not limited to moral turpitude, in India or anywhere else. Further, the Delivery Partner is not a party to any pending litigation, which shall materially affect your obligations under these Delivery Partner Terms & Conditions.

Perikart hereby represents and warrants as follows:

1. It is fully capable of executing these Delivery Partner Terms & Conditions and Delivery Service Agreement and has the necessary authority.

2. 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 Perikart’s reputation and goodwill is not damaged.

 

TERMINATION

1. Perikart reserves the right to terminate these Delivery Partner Terms & Conditions and/or the Agreement and deny the Delivery Partner access to Perikart Delivery Partner Platform at any time for any reason. The date on which the Delivery Partner’s access to the Perikart Delivery Partner Platform is intentionally blocked by the Perikart shall be considered as the Termination Date of these Delivery Partner T&C and the Agreement.

2. Without prejudice to the generality of the foregoing clause, Perikart reserves the right to terminate these Delivery Partner Terms & Conditions and the Agreement with immediate effect for:

3. Any breach of the terms of these Delivery Partner Terms & Conditions or the Agreement by the Delivery Partner;

4. failure to verify or authenticate Delivery Partner Information; and

5. any action or omission by the Delivery Partner which can cause legal or contractual liability for Perikart including but not limited to fraudulent conduct, customer complaints, continuous unsatisfactory reviews by the Sellers or the Users, misconduct, negligence, and all other actions specifically prohibited under Applicable Law.

6. Perikart is also at liberty to terminate the contract at their discretion, where, in their opinion, continuance of the services of Delivery Partner is detrimental to the business interest of Perikart due to the acts of the Delivery Partners, such as the following:

• Misbehavior, rude behavior with the vendor, staff of Perikart, Sellers, Users or any other persons associated with the Perikart.

• Any acts involving criminal offence punishable under law, including physical assault, threatening any of the staff of Perikart, vendor associated with Perikart and any other persons.

• Concealment of fact / material information while entering into contract with Perikart.

• Poor & irregular for work, meetings and failure to abide by the rules / terms of contract.

• Drunk while on duty and drunken behavior.

• Poor performance for two consecutive weeks. Performance includes - daily productivity, login hour, idle hours, number of deliveries completed, quality standards such as denying/ fast forwarding/ cancelling the order placed by a seller.

• Commission of fraud/ misappropriation/embezzlement for undue monetary gain, which is against the interest of the Perikart.

• Negligence in performing the duty, causing damage of moveable and immoveable assets of the Perikart, its employees, vendor & Users.

• Indulging in spreading content through digital media, social networking sites, or any other form, which could be detrimental to Perikart’s brand and its image.

• Indulging in acts such as creating ruckus/ strike/ or any activity against Perikart, which could be detrimental to the Perikart’s brand and its image.

• Indulging in unauthorized disclosure of Confidential Information of Perikart to external agency, person, Perikart or organization or its vendor.

• Absconding for more than 4 hours with any asset, delivery item, money or any other valuable item belonging to Perikart, its employees, vendor, Users, Seller(s) and/ or other staff member(s).

• Failure to abide by any of the rules and guidelines given by the vendor or Perikart as part of service quality standards and principles.

• Doing any act unbecoming of a Delivery Partner.

• In case the background check, whether wholly or partially, is found negative at any point of time during the term of these Delivery Partner Terms & Conditions.

7. Upon termination of these Delivery Partner Terms & Conditions and the Agreement, the Delivery Partner shall return the assets, within 24 hours from the Termination Date. In case the Delivery Partner fails to do so, Perikart and its vendor shall reserve the right to set-off the cost of assets against the payments required to be made by Perikart to the Delivery Partner through the vendor under the Agreement between the company and the vendor or the Delivery Partner Terms & Conditions.

8. Notwithstanding anything contained in this Clause, Perikart reserves 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.

9. In case the Delivery Partner intends to terminate these Delivery Partner Terms & Conditions and the Agreement on his own, he has to intimate its employer & Perikart’s Registered Vendor in advance by giving a fifteen (15) days prior notice in writing, his intention to terminate the contract.

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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 Perikart Delivery Partner Platform.

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AMENDMENT

Perikart reserves 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 Perikart Delivery Partner Platform. The Delivery Partner shall be responsible for keeping himself apprised and informed of the revised terms and conditions at all times.

 

INDEMNIFICATION AND LIMITATION OF LIABILITY

1. You agree and undertake to indemnify and to hold harmless the Perikart its affiliates, successors, agents, assigns, and director, 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 (i) 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 Terms & Conditions and the Agreement; (ii) any violation of Perikart’s policies; (iii) any act or omission that causes or may cause harm to the reputation and goodwill of Perikart; (iv) any claim of violation of intellectual property of Perikart or vendor by your usage of Intellectual Property Rights in a manner not permitted under the Agreement and these Delivery Partner T&C; (v) your misconduct or unauthorized access or use of the User data on the Perikart Delivery Partner  Platform or by the transferring of such data to any third party or unauthorized disclosure or use of Confidential Information of Perikart and the vendor; (vii) any act of theft, fraud, negligence and misconduct by you; (viii) any damage to the Seller’s or User’s property or any asset; and (ix) any misbehavior towards the vendor, Seller(s), Users or Perikart and its employees or tampering with the ordered products packaging while performing the Delivery Services.

2. You shall be liable to indemnify and hold Perikart harmless against all damages, losses, costs and expenses incurred by Perikart as a consequence of any complaint from any User and/or Seller received by Perikart with respect to any error or deficiency in the Delivery Services.

3. In addition to the indemnification rights of Perikart under these Delivery Partner Terms & Conditions, Perikart shall also be entitled to such other remedies available under Applicable Law for breach of contract where time is of essence.

4. Perikart 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 Platform Services offered by the Perikart 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 Seller’s/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 tele-transmission or telecommunications system or other circumstances whether or not beyond the control of Perikart or any person or any organization involved in the above mentioned systems. Without prejudice to the above, Perikart 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 Perikart has agreed to such timing or even if the User has advised Perikart of the possibility that he / she may not show up within the stipulated time.

 

SPECIFIC INDEMNITY

The Delivery Partner shall be solely liable for any and all accidents/incidents involving the Delivery Partner Vehicle, while providing the Delivery Services. Perikart shall not be held liable for any such accidents/ incidents involving the Delivery Partner.

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DISPUTE RESOLUTION

1. These Delivery Partner Terms & Conditions and the Agreement shall be governed by laws of India.

2. The courts of district Dibrugarh shall have exclusive jurisdiction over all disputes arising from these Delivery Partner Terms & Conditions and the Agreement.

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PENALTY

Notwithstanding anything contrary contained in these Delivery Partner T&C or the Agreement, Perikart shall reserve a right to charge you a penalty in the event you indulge in fraudulent activities while providing Delivery Services. The penalty may be deducted from the payments made to you by your employer and Perikart’s Registered Vendor. 

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MISCELLANEOUS

1. Force Majeure: Neither Party shall have any liability under or be deemed to be in breach of these Delivery Partner Terms & Conditions or the Agreement for any delays or failures in performance of these Delivery Partner Terms & Conditions and the Agreement which results from circumstances beyond the reasonable control of that Party such as acts of god, fire, earthquake, tempest, flood, lighting, violence of any army or mob or enemies of the country.

2. Assignment: No rights or liabilities under these Delivery Partner Terms & Conditions and the Agreement can be assigned by any of the Parties hereto without the prior written consent of the other Party.

3. Entire Agreement: These Delivery Partner Terms & Conditions shall be read along with the Agreement supersedes all prior discussions and agreements (whether oral or written) if any, between the Parties with respect to the subject matter of these Delivery Partner Terms & Conditions and the Agreement.

4. Term: These Delivery Partner Terms & Conditions and the Agreement shall, unless specifically terminated in accordance with the provisions contained herein, be valid and effective from the date of the execution of the Agreement till such time that the Delivery Partner continues to remain enlisted with the Perikart Delivery Partner Platform.

5. Waiver: No waiver of any part of these Delivery Partner Terms & Conditions and the Agreement or consent to any departure from it by any Party shall be effective unless it is in writing. A waiver or consent shall be effective only for the purpose for which it is given. No default or delay on the part of any Party in exercising any rights, powers or privileges operates as a waiver of any right, nor does a single or partial exercise of a right exclude others.

6. Perikart retains the right to share the information provided by you with any financial lending institution(s) if you agree to the same, if it is proved within reason that you have availed a loan from them. You forego the right to claim any damages from Perikart or its vendor in the event any such financial facility has been availed by you. You also agree that Perikart and its vendor will not be liable for any damages arising as a result of such disclosure of your information. Perikart retains the right to withhold pending payouts and terminate you on an immediate basis in such cases. 

7. Delivery Partner hereby acknowledges and agrees to the use of his/her photographs by Perikart for certain purposes, which may include usage of the Delivery Partner's photographs in Perikart's internal communications and presentations, training materials, marketing and advertisement activities on various platforms, including without limitation, online advertisement, social media and offline advertisement. Delivery Partner hereby consents to sharing of his/her photographs by Perikart with third parties for the aforesaid purposes.

8. The information shared by Delivery Partner pursuant to this Agreement shall be used in accordance with the Privacy Policy. 

 

CONFIDENTIALITY

Other than for provision of Delivery Services by the Delivery Partner, Perikart does 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 Perikart and its vendor, including but not limited to these Delivery Partner Terms & Conditions, its business strategies, pricing, revenues, expenses, User data, Seller data and order information to third parties. 

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DISCLAIMER

Neither Perikart nor the Perikart Delivery Partner Platform or its vendor warranties that You will be able to use the Platform and/or that the Delivery Services will be available at all times or locations. Perikart does not warrant that the Platform Services and the Delivery Partner Platform will be uninterrupted or error-free, or that defects will be corrected by Perikart within a reasonable time frame. As is and as available is the Perikart Platform Services, Perikart Delivery Partner Platform, Device, and all other technology developed by Perikart. The Perikart website expressly disclaims all warranties and indemnities, including without limitation any warranty of merchantability, fitness for a particular purpose, accuracy, completeness, or any other warranty that arises from performance or dealing.