Privacy Policy
eRSPL Star : Rider (Delivery app)
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 Boy T&C for using the eRSPL STAR Platform for the purpose of receiving orders and delivering the food and beverages to the Users. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE DELIVERY BOY T&C BEFORE YOU USE THE SERVICE OF THE eRSPL STAR PLATFORM, AS YOU SHALL BE BOUND BY ALL THE DELIVERY BOY T&C CONTAINED HEREIN upon clicking on the “I ACCEPT” button. If You do not accept any of the Delivery Boy T&C, please do not use the eRSPL STAR Platform or avail any of the services being provided therein. YOUR AGREEMENT TO THE DELIVERY BOY T&C SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND eRSPL IN RESPECT OF THE SERVICES OF THE eRSPL STAR PLATFORM.
Your engagement with eRSPL to use the services of the eRSPL STAR Platform are subject to your acceptance of these Delivery Boy T&C. eRSPL reserves the right, at its sole discretion, to change, modify, add or remove these Delivery Boy T&C, in part or in whole, at any time, without prior notice to You. It is Your responsibility and duty to check the Delivery Boy T&C periodically for changes. Your continued use of the eRSPL STAR Platform following the posting of changes will mean that You accept and agree to the changes. As long as You comply with these Delivery Boy T&C, eRSPL grants You a personal, non-exclusive, non-transferable, limited privilege to enter and use the service on the eRSPL STAR Platform.
DEFINITIONS
“Acceptance” means your affirmative action of clicking on the box against the words “ I Accept” provided at the end of these Delivery Boy T&C, by which action, you unequivocally accept the Delivery Boy T&C and any modifications thereof;
“Agreement” shall mean the Delivery Services Availability Agreement executed between eRSPL and the Delivery Boy pursuant to which the Delivery Boy 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;
“Delivery Boy” or “ You” or “ Your” or “ Yourself” shall mean an individual who has executed Agreement for the provision of Delivery Services;
“Delivery Boy Information” shall mean and include any personal data collected from the Delivery Boy including know your customer documents with Delivery Boy’s bank, copies of valid government issued vehicle registration certificate, vehicle insurance copy, driving license, identity proof, residence proof, location data, proof of ownership of Delivery Boy Vehicle and any other information that eRSPL may deem fit;
“Delivery Boy Vehicle” shall have the meaning assigned to it in Clause 5(i);
“Delivery Services” shall mean either or both of the following as the context may require:
The services provided by the Delivery Boy to eRSPL of making himself available on the eRSPL STAR Platform for the purpose of receiving orders placed by the Users;
The delivery services provided by the Delivery Boy to the Users whereby the Delivery Boy collects the food and beverages ordered by the Users and delivers the same to the Users.
“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 eRSPL, and eRSPL Platform, which are used and/or owned by eRSPL;
“Lead Business Associate” shall mean a person designated by eRSPL responsible for ensuring all questions and queries of Delivery Boys operating within a defined territorial area are answered as well as providing all necessary operational support that such Delivery Boys may require;
“Platform Services” shall have the meaning assigned to it in the Agreement;
“Termination Date” shall mean the date on which these Delivery Boy T&C and the Agreement shall stand terminated;
“Terms and Conditions” or “ Delivery Boy T&C” refers to these Delivery Boy Terms and Conditions, which are available on the eRSPL STAR Platform, as may be amended from time to time;
“Restaurant Partner” shall have the meaning assigned to it in the Agreement.
“eRSPL” or “ We” or “ Us” or “ Our” shall mean eRSPL Media Private Limited, a company incorporated under the Companies Act, 1956, and having its registered office at Ground Floor, 12A, 94 Meghdoot, Nehru Place, New Delhi - 110019 which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all our successors, affiliates and assigns;
“eRSPL STAR Platform” shall have the meaning assigned to it in the Agreement. It shall also include for all purposes the mobile interface provided to the Delivery Boy wherein all the back-end technology is incorporated to enable the Delivery Boy to provide Delivery Services as well as enable eRSPL, to track the orders and other relevant information;
Unless the context of these Delivery Boy T&C 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 Boy T&C are for convenience only and shall be ignored for the purposes of interpretation.
The use of the word “including” followed by a specific example(s) in these Delivery Boy 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 Boy 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 BOY T&C
These Delivery Boy T&C together with the Agreement shall form the complete understanding between the Parties. By accepting these Delivery Boy T&C, You acknowledge and agree to the Delivery Boy T&C and eRSPL policies that eRSPL makes 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 Boy T&C, shall be construed as having the meaning thereby attributed to them in the Agreement.
SERVICE AND CHARGES
Subject to terms and conditions contained in these Delivery Boy T&C and the Agreement, the Delivery Boy agrees to makes himself available on the eRSPL STAR Platform to undertake Delivery Services as and when a request for the same is placed by a User through the eRSPL STAR Platform, and to provide Delivery Services to the Users to the best of his abilities.
Delivery Boy agrees and acknowledges that the upon acceptance of an order by the Delivery Boy, 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 Boy and the User, to which eRSPL is not a party.
At the time of availing the Platform Services for the first time from eRSPL, the Delivery Boy shall, at the discretion of eRSPL, be required to pay either (i) an onboarding fee (“ Onboarding Fee”) to eRSPL of such amount and in such manner as prescribed by eRSPL from time to time, or (ii) an interest free refundable security deposit (“Security Deposit”) to eRSPL, of such amount and in the manner prescribed by eRSPL from time to time. In addition, eRSPL shall charge additional fees from the Delivery Boy for any additional training and support services provided by eRSPL (“Training and Support Fees”). To enable the Delivery Boy to render Delivery Services, eRSPL may provide the Delivery Boy with certain assets including, but not limited to, the eRSPL STAR Platform on the Delivery Boy’s smart phone; bags etc. Upon termination of these Delivery Boy T&C and the Delivery Service Agreement, the Security Deposit, if any, shall be refunded to the Delivery Boy by the eRSPL after the assets are returned to the eRSPL in usable condition. In the event the asset returned by the Delivery Boy is not in usable condition, eRSPL shall deduct such amount as provided in Annexure A hereto. The Parties understand that the decision of eRSPL whether an asset is usable or not shall be final and binding on the Delivery Boy.
The Delivery Boy shall, at the discretion of eRSPL, be required to either pay the Onboarding Fee or deposit the Security Deposit which is prescribed at the time of his joining in the city of his joining.
In consideration of eRSPL making the eRSPL STAR Platform available to You, eRSPL, at its discretion, may charge fee for providing the Platform Services (“Platform Charges”), which shall be notified to You by such means as eRSPL may deem fit. Your continuous use of the eRSPL STAR Platform and the Platform Services after such notification shall be deemed to be acceptance of the Platform Charges by You. The Platform Charges may be revised by eRSPL, at its discretion, from time to time, without any notice.
The amount of Training and Support Fees, Onboarding Fee, Security Deposit and the Platform Charges shall be determined by eRSPL and may be revised from time to time at the sole discretion of eRSPL.
The Delivery Boy shall create a log-in ID on the eRSPL STAR Platform to be able to render Delivery Services. The Delivery Boy 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 eRSPL.
The Delivery Boy shall have access to the eRSPL STAR Platform at all times unless there is a technical glitch or if the eRSPL STAR Platform is being updated. Once logged-in, the Delivery Boy 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.
The Delivery Boy confirms and acknowledges that by logging-in on the eRSPL STAR Platform, he agrees to be tracked by eRSPL via GPS enabled tracking technology and eRSPL 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 Boy to the Users. The Delivery Boy further agrees that logging-in on the eRSPL STAR Platform shall be deemed acceptance of the Delivery Boy’s intention to accept orders of Users to render the Delivery Services mentioned herein.
All reasonable attempts shall be made by the Delivery Boy to collect the order from the Restaurant Partners and deliver it to the Users, as quickly and efficiently as possible.
In consideration for the Delivery Services provided by the Delivery Boy to the Users of delivering food and beverages to the Users, the Delivery Boy 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 Boy and eRSPL from time to time, in the manner provided under these Delivery Boy T&C.
In order to incentivize the Delivery Boy for the availability committed by him/her on the eRSPL STAR Platform to undertake Delivery Services as and when he is connected to a User, eRSPL may, at its discretion, pay the Delivery Boy a fee (“Availability Fee”), in addition to the Delivery Charges collected by the Delivery Boy from the Users.
Notwithstanding anything to the contrary under Clause 3(ix) above, the Delivery Boy hereby absolutely, unconditionally and irrevocably authorizes eRSPL to determine the amounts chargeable by the Delivery Boy as Delivery Charges, through such means as eRSPL may determine, including real-time analysis of the demand for Delivery Services, the availability of Delivery Boys on the eRSPL STAR Platform to provide Delivery Services to the Users, traffic and weather conditions, seasonal peaks and such other factors as eRSPL may deem fit, and you agree that the Delivery Charges may be revised from time to time on the basis of one or more of these factors. eRSPL shall, from time to time and through such means as eRSPL may deem fit, notify You the Delivery Charges that You may charge the Users.
You shall not charge the Users any amount over and above the amount of Delivery Charges agreed between You and eRSPL under these Delivery Boy T&C.
You hereby authorize eRSPL to collect from the Users, on your behalf, the Delivery Charges charged by You to the Users for undertaking Delivery Services, which shall be remitted to you on a weekly basis through such mode and on such day(s) of a week as eRSPL may from time to time decide.
eRSPL may, at its discretion, pay the Delivery Boy an additional amount and/or incentive (in addition to what eRSPL collects from the Users) for the Delivery Services provided by the Delivery Boy using the eRSPL STAR Platform..
eRSPL may, at any time: (a) set off and deduct any amounts due from, payable by or proposed to be paid by eRSPL to the Delivery Boy, including the Delivery Charges collected by eRSPL from the Users on behalf of the Delivery Boy and the Availability Fee; and (b) apply such amounts towards any amounts due from, or payable by the Delivery Boy under or in connection with the Agreement and the Delivery Boy T&C, including without limitation the Platform Charges. eRSPL shall have the right and the obligation to pay only such amounts due and payable by eRSPL to the Delivery Boy, if any amount so remains due and payable after such set off, deduction and application as set out under this Clause 3(xvii). Nothing in this Clause 3(xvii) shall prejudice any right or remedy available to eRSPL, whether under contract, law or equity to recover any amounts due from, or payable by the Delivery Boy under or in connection with the Agreement and the Delivery Boy T&C, whether such amounts arise under contract, tort, statute or equity.
Notwithstanding anything contained in these Delivery Boy T&C, there shall be no obligation on the Delivery Boy to be available on eRSPL STAR Platform for a minimum number of hours/days. The Delivery Boy acknowledges that he has flexible timings and can chose to log-in the eRSPL STAR Platform anytime he wants and for howsoever long he wants, at his sole discretion. eRSPL shall also not supervise the actions and conduct of the Delivery Boys unless they are in gross violation of their duty to render Delivery Services under these Delivery Boy T&C or the Agreement. All queries and questions raised by the Delivery Boy, including but not limited to how to collect an order from the outlet of a Restaurant Partner, directions for the delivery address, manner to keep and store the food and beverages while in transit shall be directed to a Lead Business Associate for the particular area from where the Delivery Boy is operating to render the Delivery Services.
Tax
You authorize eRSPL to make Tax Deduction at Source (TDS) as per the Income Tax Act, 1961, where applicable, and other applicable taxes from the amount paid or remitted to You under the Agreement or these Delivery Boy T&C, including the Delivery Charges collected by eRSPL on your behalf from the Restaurant Partners and the Users, which includes the following:
In case any withholding tax has to be deducted from the Delivery Charges or any amount payable by eRSPL under the Agreement and these Delivery Boy T&C, the Company shall deduct the same and provide the Business Associate with adequate proof of depositing the said withholding tax with the Indian tax authorities in accordance with the Income Tax Act, 1961. If eRSPL is required to withhold any payment under Applicable Law from any amount due or payable to the Delivery Boy under or in connection with the Agreement and the Delivery Boy T&C, eRSPL shall be entitled to deduct the same and deal with it in such manner as may be required under Applicable Law.
eRSPL shall raise a tax invoice containing such particulars as may be prescribed under the Goods and Service Tax Act, 2017 and the rules made thereunder, as amended from time to time for any amount charged to you by eRSPL including the Platform Charges. The Platform Charges shall be includive of applicable taxes.
OBLIGATIONS OF DELIVERY BOY
Delivery Boy makes himself/herself available to undertake Delivery Services as and when a request for the same is placed by User through the eRSPL STAR Platform.
If required, the Delivery Boy shall use his personal vehicle (“Delivery Boy Vehicle”) for providing Delivery Services. No vehicle of any kind shall be provided by eRSPL under any circumstances.
The Delivery Boy shall ensure that the Delivery Boy Vehicle is well maintained and in good condition so that there are no delays in rendering Delivery Services.
All expenses incurred in maintaining, running and riding the Delivery Boy Vehicle shall be borne exclusively by the Delivery Boy unless otherwise agreed by eRSPL.
The Delivery Boy shall hold and possess a valid driving license and a valid registration number for the Delivery Boy Vehicle, if required under the Applicable Law for the vehicle used by the Delivery Boy for providing Delivery Services, which are up to date and in subsistence throughout the Term of these Delivery Boy T&C. Copies of the driving license as well as the registration certificate of the Delivery Boy Vehicle, including any other Delivery Boy Information, shall be handed to the eRSPL before commencing Delivery Services or at any other time deemed appropriate by eRSPL.
The Delivery Boy shall have a valid and adequate insurance coverage to the Delivery Boy Vehicle. Delivery Boy shall ensure that the insurance is valid, up to date and in subsistence throughout the Term of these Delivery Boy T&C. A copy of the insurance policy shall be given by the Delivery Boy to the eRSPL. The Delivery Boy further confirms that all premium payments towards the insurance policy shall be paid exclusively by the Delivery Boy. Under no circumstances shall eRSPL be liable to make any payment with respect to such insurance.
During the course of undertaking Delivery Services, the Delivery Boy shall conduct himself with honesty, discipline and in accordance with the policies and instructions of the eRSPL, whether presently in force or adopted in the future, including but not limited to safety, driving rules, etc. The Delivery Boy shall also comply with all Applicable Law including the provisions of the Motor Vehicles Act, 1988 and its corresponding rules.
Delivery Boy shall not commit any fraud while providing Delivery Services or otherwise commit any act or omission, to gain any undue advantage. Delivery Boy agrees and acknowledges that in case eRSPL believes that the Delivery Boy has committed any of the foregoing while undertaking Delivery Services, eRSPL shall, in addition to its right to terminate the Agreement and these Delivery Boy T&C, in its sole discretion reserve the right to (a) disable the Delivery Boy from undertaking Delivery Services through the eRSPL STAR Platform for such time as it deems fit and /or (b) deduct the undue gain made by the Delivery Boy 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 eRSPL in the event service parameter guidelines, as prescribed by the eRSPL from time to time, is not met.
At no time whatsoever shall the Delivery Boy tamper, damage, open or do anything to the food and beverages orders of the Users that he/she is not specifically permitted to do. In case eRSPL suffers any loss due to the Delivery Boy tampering, damaging or opening the packaging of food and beverages orders of the Users, eRSPL shall have the right to recover any loss, if any, from the payments required to be made by eRSPL to the Delivery Boy under the Agreement or these Delivery Boy T&C.
Where the Delivery Boy is required, under instructions from eRSPL, to use his personal cash for the purpose of paying the Restaurant Partner to pay the Restaurant Partner for the value of the order for a cash on delivery order, then, the Delivery Boy shall collect the original receipt from the Restaurant Partner and re-collect his payment from the User by handing the original receipt. Without prejudice to the preceding sentence of this Clause 5(x), any amount collected by the Delivery Boy from the Users, on behalf of, and due to eRSPL, shall be deposited by the Delivery Boy with eRSPL in such manner and at such frequencies as eRSPL may instruct from time to time.
Notwithstanding Clause 5(x), where the Delivery Boy is required to collect the value of the order from the User but is not required to pay the value of the order to the Restaurant Partner, then any amount collected by the Delivery Boy from the Users, on behalf of and due to eRSPL, shall be deposited by the Delivery Boy with eRSPL in such manner and at such frequencies as eRSPL may instruct from time to time.
The Delivery Boy shall maintain the welcome kit in good condition at all times and immediately return it to eRSPL, upon the termination of these Delivery Boy T&C. In the event the assets is not returned in a condition acceptable to the eRSPL or not returned at all, eRSPL retains the right to set-off the value of the welcome kit against the Security Deposit (if any) and / or payments required to be made by eRSPL to the Delivery Boy under the Agreement or these Delivery Boy T&C.
The Delivery Boy shall undertake the Delivery Services by himself and shall not delegate the same to any individual or third party.
The welcome kit shall be used in a prudent manner, so as not to destroy or damage any of its contents. Upon receiving any order to render Delivery Services after logging-in the eRSPL STAR Platform, the Delivery Boy 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 Boy shall inform the Restaurant Partner and the User and follow instructions as given by them.
The Delivery Boy acknowledges that the goodwill and reputation of eRSPL is at stake with how effectively and efficiently the Delivery Boy renders Delivery Services pursuant to these Delivery Boy T&C. Accordingly, the Delivery Boy shall not do any act that adversely affects eRSPL 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 eRSPL.
While logged-in the eRSPL STAR Platform, the Delivery Boy 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 Boy is not entitled to claim reimbursement of hospitalization/ hospital bills that may be incurred by the Delivery Boy 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 Boy T&C.
OBLIGATIONS OF eRSPL
eRSPL shall endeavor to take reasonable and financially prudent measures to ensure sufficient flow of orders from Users to the Delivery Boy.
All Delivery Boy Information procured shall be kept confidential and used only as per these Delivery Boy T&C and the Agreement.
eRSPL shall make all reasonable efforts to ensure that the eRSPL STAR Platform is running at all times. However, it shall not be liable for any technical glitches or updates due to which a Delivery Boy is unable to log-in the eRSPL STAR Platform or receive orders.
STAR INFORMATION
eRSPL may collect Delivery Boy Information at the time of execution of these Delivery Boy T&C or at any time thereafter, to establish the identity of the Delivery Boy. eRSPL reserves the right to store, process, access and use the Delivery Boy Information for business purposes and needs, background check, verification, marketing, service, development, analytics, research, and any other purpose as eRSPL may deem fit and in accordance with Applicable Law. The Delivery Boy hereby expressly consents to such collection and use of Delivery Boy Information.
Subject to Applicable Law, eRSPL may provide to a third party, governmental agency, judicial body, any Delivery Boy Information or information relating to Delivery Boy Services, if there is a complaint, dispute or conflict, including any accident involving a Delivery Boy 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 eRSPL and the Delivery Boy is only permitted to use such Intellectual Property Rights in connection with Delivery Services rendered under these Delivery Boy T&C as are specifically permitted by the eRSPL. The Parties hereby clarify that no license or rights is granted in the Intellectual Property Rights to the Delivery Boy under these Delivery Boy T&C, by implication or otherwise.
Notwithstanding anything contained in these Delivery Boy T&C, in the event the Delivery Boy uses the Intellectual Property Rights in such manner so as to license, sub-license, create derivative Intellectual Property Rights, use it otherwise not being in connection with Delivery Services rendered under these Delivery Boy T&C, the same shall constitute a breach of these Delivery Boy T&C and eRSPL reserves its rights to resort to legal proceedings against the Delivery Boy for recovering damages and losses suffered or likely to be suffered.
REPRESENTATIONS AND WARRANTIES
9.1 The Delivery Boy represents and warrants as follows:
The Delivery Boy is capable of entering in the present Agreement, pursuant to the Indian Contract Act, 1872 and is not below the age of 18 years as on the Effective Date.
All Delivery Boy Information provided shall be true and correct and no information that could impact the Delivery Boy’s performance to render Delivery Services pursuant to these Delivery Boy T&C and shall not be hidden from the eRSPL anytime during the subsistence of these Delivery Boy T&C.
The Delivery Boy 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 Boy is not a party to any pending litigation, which shall materially affect Your obligations under these Delivery Boy T&C.
9.2 eRSPL hereby represents and warrants as follows:
It is fully capable of executing these Delivery Boy T&C and Delivery Service Agreement and has the necessary authority.
It shall not exercise operational supervision on the activities of the Delivery Boy as they are free to determine how to render Delivery Services so long as the eRSPL’s reputation and goodwill is not damaged.
TERMINATION
10.1 eRSPL reserves the right to terminate these Delivery Boy T&C and/or the Agreement and deny the Delivery Boy access to eRSPL STAR Platform at any time for any reason. The date on which the Delivery Boy’s access to the eRSPL STAR Platform is intentionally blocked by the eRSPL shall be considered as the Termination Date of these Delivery Boy T&C and the Agreement.
10.2 Without prejudice to the generality of the foregoing clause, eRSPL reserves the right to terminate these Delivery Boy T&C and the Agreement with immediate effect for:
Any breach of the terms of these Delivery Boy T&C or the Agreement by the Delivery Boy;
failure to verify or authenticate Delivery Boy Information; and
any action or omission by the Delivery Boy which can cause legal or contractual liability for eRSPL including but not limited to fraudulent conduct, customer complaints, continuous unsatisfactory reviews by the Restaurant Partners or the Users, misconduct, negligence, and all other actions specifically prohibited under Applicable Law.
eRSPL is also at liberty to terminate the contract at their discretion, where, in their opinion, continuance of the services of Delivery Boy is detrimental to the business interest of eRSPL due to the acts of the Delivery Boys, such as the following:
Misbehavior, rude behavior with the staff of eRSPL, Restaurant Partners, Users or any other persons associated with the eRSPL.
Any acts involving criminal offence punishable under law, including physical assault, threatening any of the staff of eRSPL, person associated with eRSPL and any other persons.
Concealment of fact / material information while entering into contract with eRSPL.
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 Restaurant Partner.
Commission of fraud/ misappropriation/embezzlement for undue monetary gain, which is against the interest of the eRSPL.
Negligence in performing the duty, causing damage of moveable and immoveable assets of eRSPL, its employees, Users.
Indulging in spreading content through digital media, social networking sites, or any other form, which could be detrimental to eRSPL’s brand and its image.
Indulging in acts such as creating ruckus/ strike/ or any activity against eRSPL, which could be detrimental to the eRSPL’s brand and its image.
Indulging in unauthorized disclosure of Confidential Information of eRSPL to external agency, person, eRSPL or organization.
Misuse of assets provided by eRSPL and welcome kits, which could be detrimental to the interest of eRSPL’s brand and its image.
Absconding for more than 4 hours with any asset, delivery item, money or any other valuable item belonging to eRSPL, its employees, Users, Restaurant Partner(s) and/ or other staff member(s).
Failure to abide by any of the rules and guidelines given by eRSPL as part of service quality standards and principles.
Doing any act unbecoming of a Delivery Boy.
In case the background check, whether wholly or partially, is found negative at any point of time during the term of these Delivery Boy T&C.
10.3 Upon termination of these Delivery Boy T&C and the Agreement, the Delivery Boy shall return the assets, within 24 hours from the Termination Date. In case the Delivery Boy fails to do so, eRSPL shall forfeit the Security Deposit (if any) and shall further reserve the right to set-off the cost of assets against the payments required to be made by eRSPL to the Delivery Boy under the Agreement or the Delivery Boy T&C.
10.4 Notwithstanding anything contained in this Clause, eRSPL reserves the right to recover any amounts due and owed by the Delivery Boy and take appropriate legal actions that may be available under Applicable Law and equity for recovery of any amounts due.
10.5 In the event, the Delivery Boy leaves or absconds, the provision of Clauses 9.3, 9.4 or Annexure A to these Delivery Boy T&C shall apply.
10.6 In case the Delivery Boy intends to terminate these Delivery Boy T&C and the Agreement on his own, he has to intimate eRSPL in advance by giving a fifteen (15) days prior notice in writing, his intention to terminate the contract.
COMPLIANCE WITH APPLICABLE LAW
The Delivery Boy agrees and consents to comply with all Applicable Law at all times while providing the Delivery Services and while accessing the eRSPL STAR Platform.
AMENDMENT
eRSPL reserves the right to change, modify, reinstate, amend or delete any terms and conditions contained in these Delivery Boy T&C, without prior notice, at any time and in its sole discretion, by posting a change notice or a new agreement on the eRSPL STAR Platform. The Delivery Boy shall be responsible for keeping himself apprised and informed of the revised terms and conditions at all times.
RELATIONSHIP OF THE PARTIES
The Delivery Boy is an independent business contractor and this Delivery Boy 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 Boy T&C no relationship of employer and employee exists between eRSPL and Delivery Boy. The Delivery Boy 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 eRSPL 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 (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 Boy T&C and the Agreement; (ii) any violation of eRSPL’s policies; (iii) any act or omission that causes or may cause harm to the reputation and goodwill of eRSPL; (iv) any claim of violation of intellectual property of eRSPL or any third party by your usage of Intellectual Property Rights in a manner not permitted under the Agreement and these Delivery Boy T&C; (v) your misconduct or unauthorized access or use of the User data on the eRSPL STAR Platform or by the transferring of such data to any third party or unauthorized disclosure or use of Confidential Information of eRSPL; (vii) any act of theft, fraud, negligence and misconduct by you; (viii) any damage to the Restaurant Partner’s or User’s property or any asset; and (ix) any misbehavior towards the Restaurant Partner, Users or eRSPL and its employees or tampering with the food and beverages packaging while performing the Delivery Services.
You shall be liable to indemnify and hold eRSPL harmless against all damages, losses, costs and expenses incurred by eRSPL as a consequence of any complaint from any User and/or Restaurant Partner received by eRSPL with respect to any error or deficiency in the Delivery Services.
In addition to the indemnification rights of eRSPL under these Delivery Boy T&C, eRSPL shall also be entitled to such other remedies available under Applicable Law for breach of contract where time is of essence.
In no event will eRSPL be liable for any losses arising from or in connection with these Delivery Boy T&C and the Agreement, pursuant to any claim by the Delivery Boy against eRSPL under contract, tort or otherwise, if such losses could have been avoided by the Delivery Boy using reasonable efforts to mitigate them. Further, the eRSPL shall also not be liable to the Delivery Boy 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. Notwithstanding anything contrary contained elsewhere in the Agreement, the total cumulative liability of the eRSPL to the Delivery Boy or to any person claiming under contract, tort, or otherwise, shall not exceed an amount of INR 10,000/- (Rupees Ten Thousand only).
eRSPL shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Delivery Boy arising out of the use of the Platform Services offered by the eRSPL to the Delivery Boy directly or indirectly, for any reason whatsoever, including but not limited to damage or loss caused to the Delivery Boy as a result of a Restaurant Partner/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 eRSPL or any person or any organization involved in the above mentioned systems. Without prejudice to the above, eRSPL shall not be liable for any direct or indirect loss or damage, which may be suffered by the Delivery Boy as a result of any failure by a User to show up within any stipulated time even if eRSPL has agreed to such timing or even if the User has advised eRSPL of the possibility that he / she may not show up within the stipulated time.
SPECIFIC INDEMNITY
The Delivery Boy shall be solely liable for any and all accidents/incidents involving the Delivery Boy Vehicle, while providing the Delivery Services. eRSPL shall not be held liable for any such accidents/ incidents involving the Delivery Boy.
SET-OFF
In addition to any other remedies provided under a contract including the Agreement and these Delivery Boy T&C or provided by law or in equity, eRSPL may, at any time, without notice to the Delivery Boy, set off any liability of the Delivery Boy to eRSPL against any liability of eRSPL to the Delivery Boy, whether either liability is present or future, liquidated or unliquidated, and whether or not either liability arises under the Agreement or these Delivery Boy T&C.
DISPUTE RESOLUTION
These Delivery Boy T&C and the Agreement shall be governed by laws of India.
The courts of New Delhi shall have exclusive jurisdiction over all disputes arising from these Delivery Boy T&C and the Agreement.
PENALTY
Notwithstanding anything contrary contained in these Delivery Boy T&C or the Agreement, eRSPL 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 eRSPL.
MISCELLANEOUS
Force Majeure: Neither Party shall have any liability under or be deemed to be in breach of these Delivery Boy T&C or the Agreement for any delays or failures in performance of these Delivery Boy 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, violence of any army or mob or enemies of the country.
Assignment: No rights or liabilities under these Delivery Boy T&C and the Agreement can be assigned by any of the Parties hereto without the prior written consent of the other Party.
Entire Agreement: These Delivery Boy T&C 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 Boy T&C and the Agreement.
Term: These Delivery Boy T&C 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 Boy continues to remain enlisted with the eRSPL STAR Platform.
Waiver: No waiver of any part of these Delivery Boy T&C 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.
Severance: Any provision of these Delivery Boy T&C and the Agreement which is invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without affecting in any way the validity, legality and enforceability of the remaining provisions hereof.
eRSPL 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 eRSPL in the event any such financial facility has been availed by you. You also agree that eRSPL will not be liable for any damages arising as a result of such disclosure of your information. eRSPL retains the right to withhold pending payouts and terminate you on an immediate basis in such cases.
Delivery Boy hereby acknowledges and agrees to the use of his/her photographs by eRSPL for certain purposes, which may include usage of the Delivery Boy's photographs in eRSPL'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 Boy hereby consents to sharing of his/her photographs by eRSPL with third parties for the aforesaid purposes.
The information shared by Delivery Boy pursuant to this Agreement shall be used in accordance with the Privacy Policy
CONFIDENTIALITY
Other than for provision of Delivery Services by the Delivery Boy, eRSPL does not share any other information of the Delivery Boy with third parties unless requisitioned by (i) government authorities or (ii) the Delivery Boy, 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 Boy must not disclose any confidential information about eRSPL, including but not limited to these Delivery Boy T&C, its business strategies, pricing, revenues, expenses, User data, Restaurant Partner data and order information to third parties.
DISCLAIMER
eRSPL does not warrant that You will be able to use the eRSPL STAR Platform and/ or will be able to provide the Delivery Services at all times or locations on the eRSPL STAR Platform or that the eRSPL STAR Platform and the Platform Services will be uninterrupted or error-free or that the defects will be capable of being corrected by the eRSPL in a timely fashion. The Platform Services, eRSPL STAR Platform, Device, the output generated there from, and all other technology developed by eRSPL are provided to you on an “AS IS” and “AS AVAILABLE” basis and eRSPL specifically disclaims 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.
ANNEXURE A
At the time of onboarding, Delivery Boy shall pay either of
(i) the Onboarding Fee, or
(ii) Security Deposit, at the sole discretion of eRSPL.