VICHARE EXPRESS & LOGISTICS PVT. LTD. :  OnDemand SameDay Delivery

RUNNER - Terms Of Use

Last updated on 07.11.2020.

This document is an electronic record in terms of Information Technology Act, 2000 and rules hereunder 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 RUNNER Terms of Use for using the VICHARE EXPRESS & LOGISTICS PVT. LTD. (VICHARE EXPRESS) Delivery Platform for the purpose of receiving orders and delivering parcels/goods to the Users.

Please ensure that you read and understand all these RUNNER Terms of Use before you use the service of the VICHARE EXPRESS delivery platform, as you shall be bound by all the RUNNER Terms of Use contained herein upon clicking on the “I ACCEPT” button. If you do not accept any of the RUNNER Terms of Use, please do not use the VICHARE EXPRESS Delivery Platform or avail any of the services being provided therein. Your agreement to the RUNNER Terms of Use shall operate as a binding agreement between you and VICHARE EXPRESS in respect of the services of the VICHARE EXPRESS Delivery platform. This will be a permanent agreement, which is revised and renewed annually. VICHARE EXPRESS retains the right to terminate a contract with a RUNNER, subject to the RUNNER not meeting required performance and compliance standards.

Please read these RUNNER Terms carefully before you use the services. If you do not agree to these RUNNER Terms, you may not use the services on the Platform, and we request you to uninstall the App.

Your engagement with VICHARE EXPRESS to use the services of the VICHARE EXPRESS Delivery Platform is subject to your acceptance of these RUNNER Terms of Use. VICHARE EXPRESS reserves the right, at its sole discretion, to change, modify, add or remove these RUNNER Terms of Use, in part or in whole, at any time, without prior notice to you. It is your responsibility and duty to check the RUNNER Terms of Use periodically for changes. Your continued use of the VICHARE EXPRESS Delivery Platform following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these RUNNER Terms of Use, VICHARE EXPRESS grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the service on the VICHARE EXPRESS Delivery Platform.

Use of and access to the Platform is offered to you only upon acceptance of all the terms, conditions and notices contained in this Terms of Use, along with any amendments made by VICHARE EXPRESS at its sole discretion and posted on the Platform. By using the Platform or the VICHARE EXPRESS Services, you agree that you have read, understood and agreed to be bound by these Terms of Use and the Platform’s Privacy Policy.

In addition, certain areas of the Application (and your access to or use of certain aspects of the Application) may have additional terms and conditions posted or may require you to agree with and accept additional terms and conditions (each, “Additional Terms”). Where the Additional Terms state that the General Terms will be incorporated into the Additional Terms, the General Terms apply to the extent that they are not inconsistent with any of the Additional Terms. The Additional Terms shall prevail over the General Terms in the event of a conflict. The Additional Terms constitutes separate and distinct terms from any other Additional Terms.

User Terms

These terms of use (“Terms of Use”) describe the terms on which the RUNNERs (“You” or “Your” or “Yourself” or “RUNNER”) interested in registering or availing VICHARE EXPRESS Services (defined below) and accessing the platform on the mobile application “VICHARE Runner APP” owned and operated by VICHARE EXPRESS & LOGISTICS PVT. LTD. (“VICHARE EXPRESS” or “Our”) "), a private limited company incorporated under the Companies Act, 1956 and having its registered office at 407/408, Kesar Plaza, Plot No.239, RDP-6, Charkop, Kandivali (West), Mumbai-400067, MAHARASHTRA, INDIA, CIN : U64120MH1996PTC104537, and licensed for use on a revocable, non-exclusive, temporary, non-assignable basis to you, collectively referred to as, the “Platform”, connect with the users registered on the Platform (“Users” or “Service Seeker” or “Sender”) to provide your transportation, delivery, collection, drop-off and logistics services to them, as may initiated by them on the Platform.

RUNNERs are individual contractors engaged with VICHARE EXPRESS on a voluntary, non-exclusive and principal to principal basis to provide aforementioned services for Delivery Services Fee (means a quote, calculated from the tariffs listed on the website, for the execution of a Delivery of Parcels/Goods). RUNNERs are independent contractors and are free to determine their timings of work. VICHARE EXPRESS does not exercise control on the RUNNERs and the relationship between the RUNNERs and VICHARE EXPRESS is not that of an agent and principal or employee and employer. RUNNER is required to use their own vehicles (Motor/Moped/Motorbike/Bicycle) or by foot to Pick-up and deliver assigned orders. 

The platform/software is provided “as is”, without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement. In no event shall the authors or copyright holders be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the platform/software or the use or other dealings in the platform/software.

Our Platform makes possible a connection between those individuals and/or businesses (“Senders“) that want to contract with someone to pick-up, carry and/or deliver personal property and goods (“Delivery Services“) and those individuals and/or businesses seeking to perform the Delivery Services (“RUNNERs“). The performance of Delivery Services by a RUNNER, the time period in which these Delivery Services are performed by a RUNNER, as well as the item(s) of personal property and goods being picked-up, carried and/or delivered by a RUNNER, are collectively referred to as a “ORDER”. 

1. RUNNER Services:

a.      You may choose to perform any of the following services or new services introduce in future to Users as per your choice and convenience. You may choose to perform these services on any day of the week and for as long as you may wish for through your own Smartphone. When you click on the accept option upon a notification of a order/task, you expressly consent each time for providing your services to the User. You agree that you provide services directly to the User or Service Seeker, as the case maybe. Below are the services :

STANDARD TIME DELIVERY - Delivery within 1 to 3 Hours.  (Within 30 minutes you must reach at pick-up location and will proceed further location for delivery or pick-up.)

b.      In consideration for the Delivery Services provided by the RUNNER to the Service Seekers of delivering Parcels/goods to the Recipient, the RUNNER may charge the Service Seeker a service fee (“Delivery Services Fee”), subject to such Delivery Services Fee being accepted by the User at the time of placement of the order. The Delivery Services Fee shall be agreed between the RUNNER and VICHARE EXPRESS from time to time, in the manner provided under these RUNNER Terms of Use.

c.       Subject to Terms of Use contained in these RUNNER Agreement, the RUNNER agrees to make himself available on the VICHARE EXPRESS Delivery Platform to undertake Delivery Services as and when a request for the same is placed by a User through the VICHARE EXPRESS Delivery Platform, and to provide Delivery Services to the Users to the best of his abilities by using his own vehicle.

d.      Notwithstanding anything contained in these RUNNER Terms of Use, there shall be no obligation on the RUNNER to be available on VICHARE EXPRESS Delivery Platform for a minimum number of hours/days. The RUNNER acknowledges that he has flexible timings and can chose to log-in the VICHARE EXPRESS Delivery Platform anytime he wants and for howsoever long he wants, at his sole discretion. VICHARE EXPRESS shall also not supervise the actions and conduct of the RUNNERs unless they are in gross violation of their duty to render Delivery Services under these RUNNER Terms of Use or the Agreement. 

e.      RUNNER agrees and acknowledges that the upon acceptance of an order by the RUNNER, Delivery Services undertaken by him shall constitute a separate contract for services under the Consumer Protection Act, 2019 or any successor legislations, between the RUNNER and the User, to which VICHARE EXPRESS is not a party.

f.       Transportation/Collection/Delivery Services from User/Service Seeker Establishments. You acknowledge that the Users may place orders through the Platform to avail services (“Services”) from the RUNNERs. In this regard, you shall provide transportation/collection/delivery services from the Service Seeker establishment to the location specified by the User with respect to the transactions initiated by the User on this Platform (“Delivery Services”). Unless otherwise specified, you hereby agree that while performing Delivery Services pertaining to the Service to the User, you acknowledge that VICHARE EXPRESS is only a facilitator of the transactions that take place on the Platform and VICHARE EXPRESS shall not be a party to any transaction that is initiated on the Platform. You shall be responsible for safely delivering the Services to the Users or to any person as may be specified by the User.

g.      Pick Up and Drop Off Services: You acknowledge that Users may initiate a transaction on the Platform by which you will be required to pick up packages/Services from a particular location and drop off the packages/Services at another location (“Pick Up and Drop Off Services”). You agree that before pick up of service, you shall ensure the packaging is not tempered, lose or broken. You further agree that before dropping off the packages, you shall take reasonable measures to ensure that the packages/Services are dropped off at the correct drop off location in original condition/packaging and handed over to the correct person. You shall be responsible for safely delivering the Services to the Users or to any person as may be specified by the User.

h.      You further agree and acknowledge that for any of the services mentioned above, you shall act as an agent of the User and act in accordance with the instructions provided by the User and VICHARE EXPRESS will not be responsible for the service purchased or for any loss/damaged caused to the service during transit.

i.        For the purposes of this Terms of Use, Delivery Services, Pick Up and Drop-off services shall herein after together be referred to as the “RUNNER Services”.

j.        You shall provide the RUNNER Services, only in the applicable territory in accordance with these Terms of Use and applicable law. For the purposes of this Terms of Use “Territory” means the city or metro areas in the territory of India, which RUNNERs are enabled by the Platform to receive requests for RUNNERs Services.

k.      RUNNER are responsible for any expenses incurred in the normal course of completing your order, including, without limitation, any tolls, costs related to your equipment and any costs associated with any parking or other traffic penalties . RUNNER is required, under instructions from VICHARE EXPRESS, to use his personal cash for the purpose of paying the value of the order/good for Cash on Delivery order.

2. Registration

a.      In order to access the Mobile Application, you will need to register for an account on the Application (an “Account”). If you do, you are required to provide VICHARE EXPRESS with:

                     i.    Your personal information such as your name, mobile number, email address, location;

                    ii.    Bank details etc.

 

b.      You represent warrant that any personal and/or registration information you provide to VICHARE EXPRESS will always be accurate, correct and up to date. Should there be any changes to your personal and/or registration information, you must notify VICHARE EXPRESS of the changes as soon as practicable.

c.       You understand that by supplying VICHARE EXPRESS with your personal information such as email address and contact number; you may receive regular emails, telephone calls, SMS updates or in-app notifications from VICHARE EXPRESS in order to keep you updated on the job availability, to keep you informed about invoices or other matters regarding the Application and/or Services.

d.      You may not register for an Account and may not use the Application and Services if:

                     i.    You are not of legal age (18 Years) to form a binding contract with VICHARE EXPRESS; or

                    ii.    You are a person barred from using the Application and/or Services under the laws of India.

By registering for an Account or using the Application and/or Services, you represent and warrant to VICHARE EXPRESS that:

                     i.    You have reached the legal age in your jurisdiction and is capable of entering in the present agreement;

                    ii.    You have the right, authority and capacity to agree to and abide by the General Terms and any Additional Terms;

                   iii.    All RUNNER Information provided shall be true and correct and no information that could impact the RUNNER’s performance to render Delivery Services pursuant to these RUNNER Terms of Use and shall not be hidden from the VICHARE EXPRESS anytime during the subsistence of these RUNNER Terms of Use;

                   iv.    The RUNNER 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 RUNNER is not a party to any pending litigation, which shall materially affect your obligations under these RUNNER Terms of Use.

 

e.    You shall be permitted to access the Platform, avail the VICHARE EXPRESS Services and connect with the Users and Service Seekers on the Platform, as the case maybe, to provide RUNNER Services only upon creating an Account (defined below) and obtaining a registration on the Platform. Your ability to continue using the Platform, avail VICHARE EXPRESS Services and provide RUNNER Services is subject to your continued registration on the Platform. To register, you are required to provide all required details as may be sought by VICHARE EXPRESS. It is your responsibility to provide all your current, updated and requisite details. You shall be required to provide VICHARE EXPRESS, at the time of registration, forth with upon any revision, and at any time on VICHARE EXPRESS’s request, with information and documentary evidence pertaining to you, any authorizations that you may have, contact details and other details as requested by VICHARE EXPRESS. The document/information that VICHARE EXPRESS may need from your end shall be intimated to you from time to time. VICHARE EXPRESS reserves the right to independently verify your documentation from time to time in any way VICHARE EXPRESS deems appropriate in its reasonable discretion.

f.     Upon registration on the Platform, you will receive a RUNNER Identification Number (“RUNNER ID”). The RUNNER ID is specific to you only. You are responsible for all RUNNER Services provided under the RUNNER ID allocated to you.

g.    You will be responsible for maintaining the confidentiality of the Account information and are fully responsible for all activities that occur under your Account. You agree to immediately notify VICHARE EXPRESS of any unauthorized use of your Account information or any other breach of security. It is a good practice to exit from your Account at the end of every session. VICHARE EXPRESS cannot and will not be liable for any loss or damage arising from your failure to comply with this provision. You may be held liable for losses incurred by VICHARE EXPRESS or any other User of or visitor to the Platform due to authorized or unauthorized use of your Account. Use of another RUNNER’s Account information for using the Platform is expressly prohibited.

h.    VICHARE EXPRESS shall have the right to display the information provided by you on the Platform. You shall ensure that all the information provided by you is sufficient to give a clear description of yourself and the RUNNER Services performed by you for the Users, and is not false or misleading in any manner. VICHARE EXPRESS does not independently verify the information. VICHARE EXPRESS shall in no way be responsible or liable for the accuracy or completeness of any information provided by you.

i.      VICHARE EXPRESS may collect RUNNER Information at the time of execution of these RUNNER Terms of Use or at any time thereafter, to establish the identity of the RUNNER. VICHARE EXPRESS reserves the right to store, process, access and use the RUNNER Information for business purposes and needs, background check, verification, marketing, service, development, analytics, research, and any other purpose as VICHARE EXPRESS may deem fit and in accordance with Applicable Law. The RUNNER hereby expressly consents to such collection and use of RUNNER Information.

j.      Subject to Applicable Law, VICHARE EXPRESS may provide to a third party, governmental agency, judicial body, any RUNNER Information or information relating to RUNNER Services, if there is a complaint, dispute or conflict, including any accident involving a RUNNER on one hand and end-consumer, or a third party on the other hand;

3. VICHARE EXPRESS Services

a.    The Platform provides you with the following services (“VICHARE EXPRESS Services”)-

                     i.    License to the Platform;

                    ii.    Where authorized, collection of your fee (Delivery Service Fee) for RUNNER Services.

                   iii.    It may facilitate the issuance of online invoice/payment statement to the Users, on Your behalf

b.    Obligation:

                     i.    VICHARE EXPRESS shall endeavor to take reasonable and financially prudent measures to ensure sufficient flow of orders from Users to the RUNNER.  

                    ii.    All RUNNER Information procured shall be kept confidential and used only as per these RUNNER Terms of Use.

                   iii.    VICHARE EXPRESS shall make all reasonable efforts to ensure that the VICHARE EXPRESS Delivery Platform is running at all times. However, it shall not be liable for any technical glitches or updates due to which a RUNNER is unable to log-in the VICHARE EXPRESS Delivery Platform.

4. Provision of RUNNER Services.

a.    When you are logged into your Account on the Platform, Users’ request for RUNNER Services may appear to you on your Account on the Platform if you are available and visible in the vicinity of the order raised by the User. You have the choice to accept the request from the User. If you accept the User request for RUNNER Services, you will receive in an automated manner certain user information which may inter-alia include the pick-up address, User’s name, service require, delivery service fee, pick-up/drop off location, contact information etc. (“User Information”).

b.    You hereby acknowledge and agree that once you have accepted a User’s request for RUNNERs Services, the Platform may display to the User in an automated manner, certain information about you, which may inter alia include your name, contact information, photo and location, your rating and other personal information necessary for the successful and timely accomplishment of the RUNNER Services.

c.     All reasonable attempts shall be made by the RUNNERs to Pick-up/Collect the order from the Service Seeker and deliver it to the Recipient, as quickly and efficiently as possible.

d.    You agree and undertake that you shall not contact Users or use any User’s personal data/User Information for any reason other than for the purposes of fulfilling RUNNER Services through the Platform in accordance with these Term of Use and applicable law.

e.    You shall provide valid invoices to the User for the Services covered under RUNNER Services performed by you (as may be applicable). For your services, the Platform generates an automated service receipt/Payment Statement/Invoice as the case maybe, on your behalf to the User.

f.     You shall deliver all Services for the Users and provide all RUNNER Services to the User directly to their specified destination or otherwise complete all logistics related tasks, as directed by the applicable User, without undue delay. In the event, you, at your own discretion feel that there will be an inordinate delay, you shall on a best efforts basis try and reach out to the User.

g.    With respect to RUNNER Services, You hereby agree that you shall not open or attempt to open the Services/packages to be dropped off/delivered to or on behalf of the User. However, if it comes to your knowledge that a package contains illegal substance or Services not permissible to be delivered through the RUNNER Services, you must cease providing your Services to the Sender immediately and shall immediately report the same concerned law enforcement authorities, as well as must notify VICHARE EXPRESS immediately. You expressly agree that you will not deliver/transport any alcoholic beverages or entertain any User’s request to deliver or transport any alcoholic beverages or any other prohibited/contraband services. (Refer List of Prohibited Items)

h.    Delivery issues

                     i.    To minimize and to prevent any damage to the delivery goods, you must handle, deliver and transport the goods in accordance with the delivery instructions given by the Service Seeker.

                    ii.    To minimize and to prevent the loss of the delivery goods, you must:

1)    if the delivery goods are handed over to the intended Recipient as specified by the Service Seeker, then obtain the signature of the Recipient and capture photo;

2)    if the delivery goods are handed over to third party who are authorised to hold onto or accept the goods on behalf of the intended Recipients (such as receptionists or building managers), then at the bare minimum: obtain the full name of the person accepting the delivery goods and ask for signature and capture photo;

3)    if the Service Seeker authorizes you to leave the goods unattended at a specified location, then at the bare minimum:

A.    leave the goods at the nominated location in a manner as directed by Service Seekers; and

B.    take a picture of the location where the goods are placed.

                   iii.    As part of the provision of the Services, the Service Seekers and the recipients are given the opportunity to use the Application to track the location and the delivery of the goods. Accordingly, you must turn on your GPS location service on your mobile phone at all times during the delivery to enable the Service Seekers to view the location of the goods while they are being delivered. By turning on the GPS location service on your mobile phone, you authorize VICHARE EXPRESS the Service Seekers and/or the Recipients to view your GPS location for the purpose of tracking the delivery goods and any related matters.

                   iv.    If you encounter any issues during the delivery, you must promptly contact VICHARE EXPRESS, the Service Seeker and/or the Recipient (as appropriate) for further instructions and assistance. You must not use the contact details of the Service Seekers and the Recipients for any other purposes other than to ensure the goods are delivered timely to the Recipients.

                    v.    You must not leave the goods unattended unless otherwise specified by the Service Seekers and/or the Recipients.  

                   vi.    You should be presentable and well mannered as you will be interacting with the Service Seeker & Recipient.

                 vii.    Each delivery request by the Service Seekers will prescribe a timeframe for pick-up and delivery of the goods. You must use reasonable endeavors to pick-up and deliver the goods within the time frame.

                viii.    In providing the Services to the Service Seekers, you must understand that you have an obligation under the Consumer Law, among others, to provide consumer guarantees to the Service Seekers. Accordingly, you are to ensure that your Services are:

1)      provided with acceptable care and skills or technical knowledge and taking all necessary steps to avoid loss and damage;

2)      fit for the purpose or give the results that you and Service Seekers had agreed to; and

3)      delivered within a reasonable time.

                   ix.    In the event you are unable to complete one or more delivery jobs for any reason whatsoever (such as break down of your vehicle):

You will be paid for the delivery jobs that you have completed (provided that there is no dispute with the jobs) less an administrative fee of Rs.100/- for having to source an alternative RUNNER at short notice. You will not be paid for the delivery jobs that you have not completed.

 

i.     Inspection of Order Contents

                     i.    RUNNERs have the right to and must inspect Order contents prior to leaving the pick-up location. If a RUNNER does not note any damage to an item in the Order while picking the Order up, it will be assumed that the damage was caused while in the RUNNER’s possession and the RUNNER will be liable therefore.  

                    ii.    New In Box Items:  If all or part of a Order contains new-in-box items that have been pre-packaged by the Sender and are not open for a RUNNER to inspect, a RUNNER has the responsibility to inspect the outside of the packaging. If there is any damage to the outside of the packaging, the RUNNER should note the damage.

                   iii.    Baggage:  If all or part of a Order contains suitcases, pieces of luggage, purses, handbags, wallets, or other bags containing personal effects (collectively, “Baggage”) the RUNNER shall have no right to request or to inspect the contents, however a RUNNER still has the responsibility to inspect the outside of the Baggage. If there is damage to the Baggage, the RUNNER should note.

                   iv.    A RUNNER is NEVER under an obligation to take or bring anything that the RUNNER has not been given the right to inspect as described and limited above and can always cancel the Order without penalty if a Sender does not allow you to inspect or gives you a hard time about asking to inspect the Order as required by VICHARE EXPRESS.

                    v.    No matter whether the order is pre-packaged or open for inspection, if a RUNNER’s does not note any damage to an item in the order while picking the order up, it will be assumed that the damage will have been caused while in the RUNNER’s possession and the runner will be liable therefore.

5. RUNNER’s Relationship with VICHARE EXPRESS.

a.    VICHARE EXPRESS does not, and shall not be deemed to have any form of direct or indirect control over RUNNERs inter alia with respect to the availability of RUNNERs, performance of RUNNERs Services by the RUNNERs or compliance with applicable laws applicable to RUNNERs of RUNNERs Services. It is hereby clarified that there is no employer-employee relationship between VICHARE EXPRESS and the RUNNERs. RUNNER acknowledges that VICHARE EXPRESS does not control, or purport to control:

                     i.    when or for how long will the RUNNER utilize the Platform or the VICHARE EXPRESS Services; or

                    ii.    RUNNER’s decision, via the Platform, to attempt to accept or to decline or ignore a User’s request for RUNNER Services on the Platform, subject to VICHARE EXPRESS’s then-current cancellation policies.

b.    You are not an employee of VICHARE EXPRESS. You may thus choose to engage with other occupations or means of livelihood. There is no exclusivity arrangement with VICHARE EXPRESS and you have complete discretion to operate your independent business or enroll with other platform for performing similar services. You have no authority to bind VICHARE EXPRESS and undertake not to hold yourself out as an employee, agent or authorized representative of VICHARE EXPRESS or its affiliates. Where, by implication of mandatory law or otherwise, you may be deemed an employee, agent or representative of VICHARE EXPRESS, you undertake and agree to indemnify, defend and hold VICHARE EXPRESS and its affiliates harmless from and against any claims by any person, entity, regulators or governmental authorities based on such implied employment, agency or representative relationship.

c.     Your Account may be deactivated or otherwise restricted from accessing or using the Platform or the VICHARE EXPRESS Services in the event of a violation of these Terms of Use, disparagement of VICHARE EXPRESS or any of its affiliates, or your act or omission that causes harm to VICHARE EXPRESS’s or any of its affiliates’ brand, reputation or business as determined by VICHARE EXPRESS in its sole discretion. VICHARE EXPRESS also retains the right to deactivate or otherwise restrict you from accessing or using the Platform or the VICHARE EXPRESS Services for any other reason at the sole and reasonable discretion of VICHARE EXPRESS.

d.    You agree that you may require certain enablers such as bicycle, bikes, mobile phones, helmets, bags or other such instruments for you to perform RUNNER Services. VICHARE EXPRESS is not responsible to provide any such support to you. In particular, VICHARE EXPRESS is not responsible to provide you with reimbursements of any fuel incurred by you, or insurance premium paid by you, or helmets purchased by you. You shall solely be responsible for maintaining the necessary equipment and internet connections that may be required to access, use and transact on the Platform and avail the VICHARE EXPRESS Services.

e.    VICHARE EXPRESS may from time to time provide you with certain advisories in respect of your performance of the RUNNER Services. These advisories may be issued to facilitate compliance with applicable law or to generate a uniform platform experience for Users, Service Seekers and other RUNNERs. You are encouraged to follow them.

f.     You may from time to time receive notice of certain welfare/benefit programs that you may avail as part of the VICHARE EXPRESS eco-system. Availing such benefits are subject to your choice and opt-in. These benefits will be provided to you by third party service providers who VICHARE EXPRESS does not control or sponsor. You will not receive any employee benefits.

g.    To facilitate provision of RUNNER Services, you may choose to avail certain third-party services such as personal loans, accident insurance policies etc. Some of these third-party services may be introduced to you through VICHARE EXPRESS. The choice of availing all such services is yours. VICHARE EXPRESS is not responsible for such services provided by third parties. If you choose to avail such benefits you authorize VICHARE EXPRESS to share information about you as required for such third party to provide the services to you.

h.    Obligation:

The RUNNER shall:

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

                    ii.    not commit any fraud while providing Delivery Services or otherwise commit any act or omission, to gain any undue advantage. RUNNER agrees and acknowledges that in case VICHARE EXPRESS believes that the RUNNER has committed any of the foregoing while undertaking Delivery Services, VICHARE EXPRESS shall, in addition to its right to terminate the Agreement and these RUNNER Terms of Use, in its sole discretion reserve the right to (a) disable the RUNNER from undertaking Delivery Services through the VICHARE EXPRESS Delivery Platform for such time as it deems fit and /or (b) deduct the undue gain made by the RUNNER 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 VICHARE EXPRESS in the event service parameter guidelines, as prescribed by the VICHARE EXPRESS from time to time, is not met.

                   iii.    at no time whatsoever shall the RUNNER tamper, damage, open or do anything to the parcels/orders of the Users. In case VICHARE EXPRESS suffers any loss due to the RUNNER tampering, damaging or opening the packaging of parcels/orders of the Users, VICHARE EXPRESS shall have the right to recover any loss, if any, from the payments required to be made by VICHARE EXPRESS to the RUNNER under the Agreement or these RUNNER Terms of Use.

                   iv.    shall undertake the Delivery Services by himself and shall not delegate the same to any individual or third party.

                    v.    upon receiving any order to render Delivery Services after logging-in the VICHARE EXPRESS Delivery Platform, the RUNNER 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 RUNNER shall inform the User & Recipient and follow instructions as given by them.

                   vi.    acknowledges that the goodwill and reputation of VICHARE EXPRESS is at stake with how effectively and efficiently the RUNNER renders Delivery Services pursuant to these RUNNER Terms of Use. Accordingly, the RUNNER shall not do any act that adversely affects VICHARE EXPRESS 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 VICHARE EXPRESS.

                 vii.    while logged-in the VICHARE EXPRESS Delivery Platform, the RUNNER shall not engage in any illegal activity or perform any actions that are contrary to Applicable Law.

                viii.    not entitled to claim reimbursement of hospitalization/ hospital bills that may be incurred by the RUNNER while rendering Delivery Services or incurred by his family members for any unfortunate accidents or severe illness, during the subsistence of Agreement and these RUNNER Terms of Use.

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

                    x.    The RUNNER is required, under instructions from VICHARE EXPRESS, to use his personal cash for the purpose of settling Cash on Delivery transaction of the Service Seeker and reimburse the same from the Recipient of the order.  

6. RUNNER’s Relationship with Users.

a.    RUNNER acknowledges and agrees that it’s provision of RUNNER Services to Users creates a legal and direct business relationship between the RUNNER and the User, to which VICHARE EXPRESS is not a party. VICHARE EXPRESS is not responsible or liable for the actions or inactions of a User in relation to the activities of the RUNNER. You shall have the sole responsibility for any obligations or liabilities that may arise towards the Users or any third parties that arise from the provision of your RUNNER Services. You are solely responsible for taking such precautions as may be reasonable and proper (including maintaining adequate insurance policies that meets the requirements of all applicable laws) regarding any acts or omissions of a User or third party.

b.    Obligation:          

The RUNNER shall:

                     i.    Not do or cause to be done anything, which is prejudicial to the interest of the Users or whereby the business or reputation of Users may be injured or damaged.

                    ii.    Maintain in full force and effect all applicable licenses, permits, registrations and permissions as may be required for the purpose of rendering the Services and for matters incidental thereto.

                   iii.    Shall not assign any of its obligations under this agreement to any third party without the prior written consent of the Service Seeker. Subcontracting is not allowed.

                   iv.    Not to make any representations or statements on behalf of the Service Seeker and shall not enter into any contracts on behalf of Service Seeker with any party / parties.

                    v.    To provide all materials and equipment required for the due performance of its obligations hereunder.

                   vi.    Observe and perform all such additional conditions, covenants, undertakings that may be made from time to time by the Service Seeker in its sole discretion.

                 vii.    To compensate the Service Seeker for any loss and/or damage caused to Service Seeker as a consequence of misconduct or negligence, forgery, fraud committed in person or in collusion with the third party.

7. Review & Rating.

a.    You agree that, after providing RUNNER Services to a User, the Platform will prompt the User with an option to provide a rating of such RUNNER Service provided by you and, optionally, to provide comments or feedback about you and such RUNNER Service;

b.    The rating for a RUNNER will then be calculated as an aggregate of all ratings provided by the Service Seekers.

c.     In order to continue to receive access to the Platform and the VICHARE EXPRESS Services, you hereby acknowledge that you must maintain an average rating by Users that exceeds the minimum average acceptable rating established by VICHARE EXPRESS for the Territory, as may be updated from time to time (“Minimum Average Rating”). In the event your average rating falls below the Minimum Average Rating, VICHARE EXPRESS may provide you a limited period of time to raise your average rating above the Minimum Average Rating. You hereby agree that if you do not increase your average rating above the Minimum Average Rating within the time period allowed (if any), VICHARE EXPRESS may deactivate your access to the Platform and the VICHARE EXPRESS Services.

d.    VICHARE EXPRESS and its affiliates reserve the right to use, share and display your ratings and comments in any manner in connection with the business of VICHARE EXPRESS and its affiliates without attribution to or approval of RUNNERs and you hereby consent to the same. VICHARE EXPRESS and its affiliates reserve the right to remove comments from Platform in the event that such comments include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, intermediary guidelines, other applicable laws or VICHARE EXPRESS’s or its affiliates’ content policies.

8. Devices.

a.    In order to access the Platform and provide the RUNNER Services to the Users, you may use your own device (“RUNNER Device”).

b.    While using a RUNNER Device: (i) You shall be responsible for the acquisition, cost and maintenance of such RUNNER Device as well as any necessary wireless data plan; and (ii) VICHARE EXPRESS shall make available the Platform for installation on such RUNNER Device. The foregoing right shall immediately terminate and you will delete and fully delete the Platform from the RUNNER Device in the event you cease to provide RUNNER Services to the User using the RUNNER Device; or you have deleted your Account from the Platform. You hereby agree that: (i) use of the Platform and VICHARE EXPRESS Services on a RUNNER Device requires an active data plan with a wireless carrier associated with the RUNNER Device, which data plan will be provided by you at your own expense; and (ii) use of the Platform on a RUNNER Device as an interface with the VICHARE EXPRESS Services may consume very large amounts of data through the data plan. VICHARE EXPRESS advises that RUNNER Devices should only be used under a data plan with unlimited or very high data usage limits, and VICHARE EXPRESS shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan during the performance of RUNNER Services.

c.     The RUNNER shall have access to the VICHARE EXPRESS Delivery Platform at all times unless there is a technical glitch or if the VICHARE EXPRESS Delivery Platform is being updated. Once logged-in, the RUNNER 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.

d.    Incase the device is lost by RUNNER, must intimate VICHARE EXPRESS for deactivation of the mobile application immediately and follow further process intimated by VICHARE EXPRESS for reactivation of mobile application on same mobile number. In such cases RUNNER cannot change his mobile number and if necessary RUNNER can register as a new applicant.  

9. Location Based Services.

You acknowledge and agree that your geo-location information is required from you to provide the RUNNER Services to the Users, using the Platform and is required by VICHARE EXPRESS for it to provide you with VICHARE EXPRESS Services. You acknowledge and hereby consent to the following:(a) Your geo‐location information will be monitored and tracked by VICHARE EXPRESS, when you are logged into your Account on the Platform and available to receive requests for providing RUNNER Services from the Users, or when you are providing delivery, transportation and/or logistics services to the Users; and (b) the approximate location of your or your vehicle will be displayed to the User before and during the provision of RUNNER Services to such User. In addition, VICHARE EXPRESS may monitor, track and share your geo‐location information obtained by the Platform and RUNNER Device, as the case may be, for safety, security, technical, marketing and commercial purposes, including providing and improving VICHARE EXPRESS’s products and services.

10. RUNNERs and Vehicles

a.    RUNNER Requirements:  In order to register as a RUNNER, You must be above 18 years of age. You acknowledge and agree that you shall at all times hold and maintain (i) a valid RUNNER's license (if applicable) with the appropriate level of certification to operate the vehicle driven/ridden by you, and (ii) all licenses, permits, approvals and authority applicable to your vehicle (if applicable) that are necessary to provide RUNNER Services; (iii) the appropriate and current level of training, expertise and experience to provide RUNNER Services in a professional manner with due skill, care and diligence; and (iv) high standards of professionalism, service and courtesy. You acknowledge and agree that you may be subject to certain background and driving record checks from time to time.

b.    Vehicle Requirements: You acknowledge and agree that your vehicle with which you choose to provide RUNNER Services shall be: (i) operated in compliance with all applicable laws; (ii) properly registered, insured and licensed in accordance with law and/or vehicle to transport/deliver Service(s) in the Territory on behalf of the User; (iii) suitable for performing to transport Service(s) as contemplated by these Terms of Use; and (iv) maintained in good operating condition, consistent with industry safety and maintenance standards for a vehicle of its kind and any additional standards or requirements in the applicable Territory, and in a clean and sanitary condition (together herein after referred to as “Vehicle Specification”). No vehicle of any kind shall be provided by VICHARE EXPRESS under any circumstances.

c.     All expenses incurred in maintaining, running and riding the RUNNER Vehicle shall be borne exclusively by the RUNNER unless otherwise agreed by VICHARE EXPRESS.

d.    The RUNNER shall hold and possess a valid driving license and a valid registration number for the RUNNER Vehicle, if required under the Applicable Law for the vehicle used by the RUNNER for providing Delivery Services, which are up to date and in subsistence throughout the Term of these RUNNER Terms of Use. Copies of the driving license as well as the registration certificate of the RUNNER Vehicle, including any other RUNNER Information, shall be handed to the VICHARE EXPRESS before commencing Delivery Services or at any other time deemed appropriate by VICHARE EXPRESS.

e.    The RUNNER shall have a valid and adequate insurance coverage to the RUNNER Vehicle.  RUNNER shall ensure that the insurance is valid, up to date and in subsistence throughout the Term of these RUNNER Terms of Use. A copy of the insurance policy shall be given by the RUNNER to the VICHARE EXPRESS. The RUNNER further confirms that all premium payments towards the insurance policy shall be paid exclusively by the RUNNER. Under no circumstances shall VICHARE EXPRESS be liable to make any payment with respect to such insurance.

11. Financial Terms

a.    RUNNER Fees: For the provision of RUNNER Services, You may charge a fee to the User, the amount of which is determined in accordance with the guidelines framed by VICHARE EXPRESS for RUNNERs (“Delivery Services Fees”). Note, VICHARE EXPRESS frames the guidelines for the purposes of providing a uniform experience on the Platform to Users, Service Seekers and RUNNERs. Please review carefully the Fees applicable to the RUNNER Services, you choose to provide before you do so.

                 i.    For the pick-up and delivery services and completing the Tasks/Order, RUNNERs may charge the users of the Platform (Service Seeker), a Delivery Services Fee (inclusive of applicable taxes whenever not expressly mentioned).

                ii.    A standard pricing for Services which is currently calculated on the basis of various factors including but not limited to distance between the pick-up and delivery location, time taken by the RUNNER for delivery, size of the delivery item, demand for delivery services/Tasks, real time analysis of traffic and weather conditions, seasonal peaks, such other parameters as may be determined from time to time and any additional and ancillary costs that may have been incurred by VICHARE EXPRESS for fulfilling its order and shall be charged on a per transaction basis.

               iii.    For details about the Delivery Services Fees/cost of the courier and logistics services provided by the RUNNERs, please refer the VICHARE Runner APP, which may be amended and updated at our sole discretion from time to time without prior notice.

               iv.    Service Seeker agrees to make payment in full directly to any RUNNER by cash or through VICHARE EXPRESS online, introduced through VICHARE EXPRESS for any services provided by such RUNNER.

                v.    RUNNER hereby absolutely, unconditionally and irrevocably authorizes VICHARE EXPRESS to determine the amounts chargeable by the RUNNER as Delivery Services Fee, through such means as VICHARE EXPRESS may determine, including real-time analysis of the demand for Delivery Services, the availability of RUNNER on the VICHARE EXPRESS Delivery Platform to provide Delivery Services to the Users, traffic and weather conditions, seasonal peaks and such other factors as VICHARE EXPRESS may deem fit, and you agree that the Delivery Services Fee may be revised from time to time on the basis of one or more of these factors. VICHARE EXPRESS shall, from time to time and through such means as VICHARE EXPRESS may deem fit, notify you the Delivery Services Fee that you may charge the Users.

               vi.    In the event of any change in specifications/details of delivery with respect to the size of the delivery item or unusual wait time during pick-up or delivery or parcels are not properly package or do not comply with the General Terms and Additional Terms (as applicable), VICHARE EXPRESS may levy an additional Delivery Services Fee which shall be added to the Order invoice of the User.

             vii.    In the case of non-delivery of the parcel/goods to the Drop Point, the parcels/goods will be returned to the Pick-Up point, in which case the RTO (Return to Origin) Fees will become applicable (equal to Delivery Services Fees).

            viii.    VICHARE EXPRESS do not issue any physical copies of the invoices for rendering Services by Delivery Associate to Service Seeker; however, Service Seeker will always be able to view the e-copy of invoices on Applications.

               ix.    You shall not charge the Users any amount over and above the amount of Delivery Services Fee agreed between you and VICHARE EXPRESS under these Terms of Use.

                x.    Users can make cash payment towards the services obtained at the time of pick-up of delivery or after the completion of the delivery to the addressee. Payment of Delivery Services Fee can be made through credit/debit cards of various banks. VICHARE EXPRESS will direct Users to the payment gateway of respective banks, through which Users can make a payment.

b.    Additional Fees:

Certain Additional Fees may be payable by the User to the RUNNER in addition to the Delivery Services Fee. The VICHARE EXPRESS act on behalf of the RUNNER as agent for the purpose of collecting any Additional Fees. 

                 i.    Return to Origin (RTO):

1)    If delivery is unsuccessful on the first attempt, the Parcels/Goods will be returned to the Pick-Up Point, in which case the RTO Fees will become applicable (equal to Delivery Services Fees).

2)    If you are unable to return the Parcels/Goods to the Pick-Up Point due to unavailability of the Service Seeker, and if the Recipient or the Service Seeker fails to take delivery of the Parcels/Goods, you must submit the same at Service Centre.

3)    In the event the recipient is not available at the drop-off location or refuses to take delivery or cannot be located by the RUNNER, Service Seeker will receive a notification either through App, SMS and/ or a phone call (“Non-acceptance Message”). On receipt of Non-acceptance Message, it shall be Service Seeker responsibility to take re-delivery of the item(s) on payment of additional cost (equal to Delivery Services Fees).

4)    In the event Service Seeker refuse to pay the cost of re-transportation or re-delivery of the item(s) for which a Non-acceptance Message has been sent to Service Seeker, you to hold the item(s) in lieu of its claim of re-transportation of the item(s) and subject to payment of the said amount release the item(s).   

                ii.    Risk Coverage Fees :

1)    It is a provision from VICHARE EXPRESS for the benefit of the customer to protect against the transit risks when the parcels/goods are not insured by Service Seeker. The coverage is extended, if Service Seeker chooses to avail the provision by paying the stipulated Risk Coverage Fees/enhanced liability charges. This should not be construed as insurance cover as Risk Surcharge Cover will have only a limited liability on the part of the VICHARE EXPRESS subject to the terms and conditions laid out.

2)    For uninsured parcels the Parties may, against the payment of 3% charge of the invoice value or Rs.30/- whichever is higher, make a declaration at the time or placing the order, the value of the order and seek to increase limit of liability/enhance liability of the VICHARE EXPRESS for loss or damage to Service Seeker’s order to the amount equivalent to the value of the order as declared by Service Seeker on the facing sheet of the order or maximum up to Rs. 10,000/- (Rupees Ten Thousand Only) whichever is less. Under no circumstances customer should place orders with value more than Rs.10,000/-.

c.     Cancellation:

Order Cancellation by The Service Seeker: You acknowledge and agree that Users may elect to cancel requests for RUNNER Services that have been accepted by you at any time prior to the provision of RUNNER Services. In the event that a User cancels an accepted request for RUNNER Services, VICHARE EXPRESS may charge the User a Cancellation Fee on behalf of you. If charged, this Cancellation Fee shall be deemed Delivery Services Fees for the cancelled RUNNER Services (“Cancellation Fee”).

d.    Incentives:

There are onetime incentives, which vary across cities:

                 i.    Joining Incentive - Join and complete a certain minimum number of orders within a specified time i.e. minimum first 75 orders within 30 days from the date of joining. Those RUNNER’s, who achieve the given target are eligible for incentive of Rs.500/- (Five Hundred Only) as Joining Incentive.

                ii.    Referral Incentive - The scheme allows existing RUNNER to earn an additional referral Incentive by connecting other persons to VICHARE EXPRESS to become Pick-up and Delivery partners (a RUNNER). Refer your friends to become delivery partners to earn this. The introduced RUNNER is expected to complete first 50 orders within 30 days from the date of joining. After achieving the given target by introduced RUNNER, the person who recommended the new RUNNER is eligible for incentive of Rs.500/- (Five Hundred Only) as Referral Incentive.

e.    Taxes:

                 i.    You acknowledge and agree that you are required to: (i) complete all tax registration obligations (if any) and calculate and remit all tax liabilities related to the provision of RUNNER Services as required by applicable law; and (ii) provide VICHARE EXPRESS with all relevant tax information. You further acknowledge and agree that you are responsible for paying taxes on your own income arising from the performance of RUNNER Services. Notwithstanding anything to the contrary in this Agreement, VICHARE EXPRESS may in its reasonable discretion based on applicable tax and regulatory considerations, collect and remit taxes resulting from your provision of RUNNER Services and/or provide any of the relevant tax information you have provided pursuant to the foregoing requirements, in this section directly to the applicable governmental tax authorities on your behalf or otherwise. You further agree and acknowledge that VICHARE EXPRESS shall be entitled to deduct tax at source in accordance with applicable law, prior to making any payouts to you.

                ii.    While it is not an obligation for you to be Goods & Services Tax (GST) registered, you must keep us updated as to your GST registration status at all times. If you inform us you are GST registered but then cease to be registered for any reason, you must inform us immediately.

1)      You authorize VICHARE EXPRESS 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 RUNNER Terms of Use, including the Delivery Services Fee or other fees collected by VICHARE EXPRESS on your behalf from the Users.

2)      In case any withholding tax has to be deducted from the Delivery Services Fee or any amount payable by VICHARE EXPRESS under the Agreement and these RUNNER Terms of Use, the VICHARE EXPRESS shall deduct the same and provide the RUNNER with adequate proof of depositing the said withholding tax with the Indian tax authorities in accordance with the Income Tax Act, 1961. If VICHARE EXPRESS is required to withhold any payment under Applicable Law from any amount due or payable to the RUNNER under or in connection with the Agreement and the RUNNER Terms of Use, VICHARE EXPRESS shall be entitled to deduct the same and deal with it in such manner as may be required under Applicable Law.

3)      VICHARE EXPRESS shall raise a tax invoice containing such particulars as may be prescribed under the Goods and Services Tax Act, 2017 and the rules made there under, as amended from time to time for any amount charged to you by VICHARE EXPRESS including the Service & Platform Fee. The Service & Platform Fee shall be exclusive of applicable taxes.

f.     You hereby authorize VICHARE EXPRESS to collect from the Users, on your behalf, the Delivery Services Fee charged by you to the Users for undertaking Delivery Services, which shall be remitted to you on a fortnightly basis through such mode and on such day(s) of a week as VICHARE EXPRESS may from time to time decide. Payment collected on behalf will be settled to the RUNNERs every 2 (Two) weeks. On a fortnightly basis, VICHARE EXPRESS will transfer to you, through the payment account you specify via the Service, the Delivery Services Fee for all eligible orders completed during the prior period, less the charge for your use of the Service, which will be set forth on the Service (the “VICHARE EXPRESS Service & Platform Fee”).

g.    VICHARE EXPRESS commission: RUNNERs who uses the VICHARE App & services agrees to the 25% (Twenty Five) commission plus GST (the “VICHARE EXPRESS Service & Platform Fee”) which is payable to VICHARE EXPRESS on all types of Fees received from offered services. Your continuous use of the VICHARE EXPRESS Platform and the Platform Services shall be deemed to be acceptance of the Platform Charges by You. The Platform Charges may be revised by VICHARE EXPRESS, at its discretion, from time to time, without any notice. Service & Platform Fee charged by VICHARE EXPRESS to RUNNERs for providing Services shall be exclusive of all taxes applicable on such transaction.

h.    In the event VICHARE EXPRESS is made liable to pay any tax under any law for the time being in force applicable on “RUNNER”, then RUNNERs agree that VICHARE EXPRESS shall have a right to recover the same from the RUNNER. The RUNNER shall pay such amount without any demur or protest. VICHARE EXPRESS may furnish certificate/ document to demonstrate such claim for payment and proof of deposit of such tax from time to time.

12. Proprietary Rights and License

a.    License Grant: Subject to the terms and conditions of these Terms of Use, VICHARE EXPRESS hereby grants the RUNNER a non-exclusive, royalty-free, non-transferable, non-sub-licensable, non-assignable license, the Platform in connection with the provision of the VICHARE EXPRESS Services solely for the purpose of providing RUNNER Services to Users. Further, subject to the terms and conditions of these Terms of Use, VICHARE EXPRESS hereby grants the RUNNER a non-exclusive, royalty-free, non-transferable, non-sub-licensable, non-assignable license to use the proprietary marks of VICHARE EXPRESS for the sole purpose of providing the RUNNER Services. All rights not expressly granted to RUNNER are reserved by VICHARE EXPRESS, its affiliates and their respective licensors.

b.    Restrictions:

                 i.    You shall not, and shall not allow any other party to:

1)    license, sub-license, sell, resell, transfer, assign, distribute or otherwise provide or make available to any other party the VICHARE EXPRESS Services, Platform or (if applicable) in any way;

2)    modify or make derivative works based upon the VICHARE EXPRESS Services or Platform;

3)    improperly use the VICHARE EXPRESS Services or Platform, including creating Internet “links” to any part of the VICHARE EXPRESS Services or Platform, “framing” or “mirroring” any part of the VICHARE EXPRESS Services or Platform on any other websites or systems, or “scraping” or otherwise improperly obtaining data from the VICHARE EXPRESS Services or the Platform;

4)    reverse engineer, decompile, modify, or disassemble the VICHARE EXPRESS Services or Platform,; or

5)    send spam or otherwise duplicative or unsolicited messages.

                ii.    In addition, you shall not, and shall not allow any other party to, access or use the VICHARE EXPRESS Services or Platform to:

1)    design or develop a competitive or substantially similar product or service;

2)    copy or extract any features, functionality, or content thereof;

3)    launch or cause to be launched on or in connection with the VICHARE EXPRESS Services an automated program or script, including web spiders, crawlers, robots, indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burden or hinder the operation and/or performance of the VICHARE EXPRESS Services/Platform; or

4)    attempt to gain unauthorized access to the VICHARE EXPRESS Services or its related systems or networks,

5)    defame, abuse, harass, threaten or otherwise violate the legal rights of others;

6)    impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

7)    publish, post, upload, distribute or disseminate any information that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, hateful, or racially, ethnically objectionable, disparaging, inappropriate, profane, infringing or otherwise unlawful in any manner whatever; or that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes inconvenient to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;

8)    upload files that contain software or other material protected by applicable intellectual property laws unless you own or control the rights there to or have received all necessary consents;

9)    upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer;

10) engage in any activity that interferes with or disrupts access to the Platform or the VICHARE EXPRESS Services (or the servers and networks which are connected to the Platform);

11) attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any VICHARE EXPRESS server, or to any of the VICHARE EXPRESS Services offered on or through the Platform, by hacking, password mining or any other illegitimate means;

12) probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform.

13) reverse look-up, trace or seek to trace any information on any other user (Service Seeker, User, RUNNER), of or visitor to, the Platform, to its source, or exploit the Platform or VICHARE EXPRESS Services or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than your own information, as provided on the Platform;

14) disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;

15) collect or store data about other users (Service Seeker, User, RUNNER), in connection with the prohibited conduct and activities set forth in this Terms of Use; and

16) use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;

17) use the Platform or any material or content on the Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of VICHARE EXPRESS or other third parties;

18) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

19) misuse the personal information of the registered users or use their personal information or disclose such personal information for any purpose other than to fulfill your obligations under these Terms of Use;

20) violate any code of conduct or other guidelines, which may be applicable for or to any particular VICHARE EXPRESS Service;

21) violate the Terms of Use contained herein or elsewhere, or violate any applicable laws or regulations for the time being in force within or outside India;

               iii.    VICHARE EXPRESS will use commercially reasonable endeavours to moderate your conduct and content in your use of the Application and your provision of the Services. If VICHARE EXPRESS reasonably determines that you breach any of the obligations mentioned herein, VICHARE EXPRESS may, depending on the severity of the conduct, do any one or a combination of any of the following:

1)    remove content that is misleading/deceptive or that is in breach of the General Terms and Additional Terms (as applicable);

2)    provide a warning to you;

3)    suspend your Account;

4)    terminate your Account; and/or

5)    in serious cases or where obliged by the law to do so, report your conduct to the relevant authorities.

c.     Ownership:

The VICHARE EXPRESS Services, Platform and VICHARE EXPRESS Data (defined below), including all intellectual property rights therein are and shall at all time remain the property of VICHARE EXPRESS, its affiliates or their respective licensors, as the case maybe. Neither this Terms of Use nor your use of the VICHARE EXPRESS Services, Platform or VICHARE EXPRESS Data conveys or grants to you any rights:

                     i.    in or related to the VICHARE EXPRESS Services, Platform or VICHARE EXPRESS Data, , except for the limited license granted under these Terms of Use; or

                    ii.    to use or reference in any manner VICHARE EXPRESS’s, its affiliates’, or their respective licensors’ company names, logos, product and service names, trademarks, service marks or other indicia of ownership. Additionally, you acknowledge VICHARE EXPRESS’s rights in its VICHARE EXPRESS family of trademarks and names, including VICHARE EXPRESS, alone and in combination with other letters, punctuation, words, symbols and/or designs, and the VICHARE EXPRESS Logo (“VICHARE EXPRESS Marks and Names”). You agree that you will not try to register or otherwise claim ownership in any of the VICHARE EXPRESS Marks and Names, alone or in combination with other letters, punctuation, words, symbols and/or designs, or in any confusingly similar mark or name.

d.    For the purposes of these Terms of Use “VICHARE EXPRESS Data” means all data related to the access and use of the VICHARE EXPRESS Services here under, including all data related to Users (including User information), all data pertaining to Service Seeker, Services (Service Seeker Information), all data related to the provision of transportation and/or logistics services by the RUNNER via the VICHARE EXPRESS Services and the Platform, and the RUNNER ID.

13. Confidentiality

a.    Each party acknowledges and agrees that in the performance of these Terms of Use it may have access to or may be exposed to, directly or indirectly, confidential information of the other party ("Confidential Information"). Confidential Information includes VICHARE EXPRESS Data, RUNNER IDs, User Information, Service Seeker Information, information related to the Platform, information related to any transaction initiated on the Platform, and the transaction volume, marketing and business plans, business, financial, technical, operational and such other non-public information of each party (whether disclosed in writing or verbally and whether expressly marked as confidential or not).

b.    Each party acknowledges and agrees that:

                 i.    all Confidential Information shall remain the exclusive property of the disclosing party;

                ii.    it shall not use Confidential Information of the other party for any purpose except in furtherance of its obligation under the Terms of Use;

               iii.    it shall not disclose Confidential Information of the other party to any third party, except to its employees, officers, contractors, agents and service providers ("Permitted Persons") as necessary to perform under this Terms of Use, provided Permitted Persons are bound in writing to obligations of confidentiality and non‐use of Confidential Information no less protective than the terms hereof; and

               iv.    it shall return or destroy all Confidential Information of the disclosing party upon the termination of this Terms of Use or at the request of the other party (subject to applicable law and, with respect to VICHARE EXPRESS, its internal record keeping requirements).

c.     You hereby acknowledge and agree that all Confidential Information provided to you or which is in your custody shall be used by you only for the purposes of providing the RUNNER Services in accordance with the provisions of this Terms of Use.

d.    If you choose to avail certain ancillary services from third party services, your information may be required to be provided to such third-party services providers. You hereby consent to sharing your Confidential Information, when you agree to receive such ancillary services.

14. Access to Platform.

a.    Notwithstanding these Terms of Use, VICHARE EXPRESS reserves the right to temporarily or permanently, as it may deem fit, discontinue your access to the Platform, VICHARE EXPRESS Services and/or de-list you from the Platform with immediate effect in the following instances:

                 i.    User complaints received by VICHARE EXPRESS which are directly attributable to you; or

                ii.    Breach of the provisions of any applicable law; or

               iii.    Breach of the representations and warranties under these Terms of Use; or

               iv.    Any other breach of the Terms of Use, VICHARE EXPRESS’s Privacy Policy or any other terms, conditions, or policies that may be applicable to you from time to time (or have acted in a manner that clearly shows that you do not intend to not comply, or are unable to, comply with the same);

                v.    The provision of the VICHARE EXPRESS Services to you by VICHARE EXPRESS is, in the opinion of VICHARE EXPRESS, no longer commercially viable or in any way detrimental to VICHARE EXPRESS, its business or the Platform;

               vi.    You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or VICHARE EXPRESS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete.

             vii.    VICHARE EXPRESS has elected to discontinue, with or without reason, your access to the Platform, VICHARE EXPRESS Services or any part thereof.

            viii.    Cancelations and No Shows:  VICHARE EXPRESS may temporarily lock your account after your second Cancelation or No Show and may permanently deactivate your account upon your third Cancelation or No Show.

               ix.    Negative Ratings: VICHARE EXPRESS may temporarily lock or permanently deactivate a RUNNER’s account if the Driver’s overall rating falls below 4-stars.

                x.    VICHARE EXPRESS may temporarily lock your account if your order is subject to a claim during the investigation of such claim. If a RUNNER is found to be liable for the claim, VICHARE EXPRESS may permanently deactivate the account of a RUNNER. Additionally, VICHARE EXPRESS may permanently deactivate an account if a RUNNER has 2 or more orders that are the subject of claims.

               xi.    Loss of Items in orders: VICHARE EXPRESS will temporarily lock a RUNNER’s account if your order is subject to a claim of “shortages” or “mysterious disappearances” during the investigation of such claim. If a RUNNER is found to be liable for the claim, VICHARE EXPRESS may permanently deactivate the RUNNER’s account. Additionally, VICHARE EXPRESS may permanently deactivate the account of a RUNNER if the RUNNER completes 2 or more orders with “shortages”; or if a RUNNER has 2 or more “mysterious disappearances” of an item in a order.

              xii.    Inactive Accounts: VICHARE EXPRESS reserves the right to permanently deactivate any RUNNER’s account that has been “inactive” for 30 days or more. If a RUNNER has not offered on a order within the past 30 days, such RUNNER is deemed to be inactive.

            xiii.    Reactivation of Temporarily Locked Accounts: VICHARE EXPRESS may reactivate any RUNNER account temporarily locked after investigation by VICHARE EXPRESS in its sole discretion.

b.    Deactivated Accounts:

                 i.    If your account is permanently deactivated, your account information will be deleted and you will be removed from the VICHARE EXPRESS Platform. If your account was not deactivated for cause, you may open a new account on the Platform. It will be considered a material breach of these Terms if a RUNNER, who has been deactivated for cause, opens a new account on the Platform and such new account will be deactivated without notice upon discovery. VICHARE EXPRESS is under no obligation to compensate any RUNNER for any losses as a result of a RUNNER’s deactivation.

                ii.    All VICHARE EXPRESS actions taken with respect to the temporary lock and / or permanent deactivation of your account may be taken in VICHARE EXPRESS’s sole discretion, with or without notice, and without liability to you.

15. Eligibility to Use

You shall not have more than one active Account (as defined hereinafter) on the Platform. Additionally, you are prohibited from selling, trading, or otherwise transferring your Account to another party.

16. Third Party Content

The Platform makes available general third-party information and other data from external sources (“Third Party Content”). The provision of Third-Party Content is for general informational purposes only. You acknowledge that the Third-Party Content provided to you is obtained from sources believed to be reliable. VICHARE EXPRESS does not provide any guarantee with respect to any the Third-Party Content and VICHARE EXPRESS shall not be held liable for any loss suffered by you based on your reliance on or use of Third-Party Content. Further, to the extent that such Third-Party Content is infringing upon some other party’s intellectual property rights or proprietary rights, VICHARE EXPRESS shall not be held liable for the same at any instances.

17. Insurance & Permits

RUNNER represents and agrees that he or she holds or is otherwise covered by a valid insurance policy of liability insurance, including, but not limited to third party liability insurance (as per industry-standard coverage amounts and in pursuance of mandatory regulatory requirements) with respect to RUNNER’s operation of his/her vehicle(s) under these Terms of Use. The RUNNER shall maintain at its sole expense, sufficient insurance coverage in respect of all possible threats / losses that may result from the obligations under this Agreement.

You must hold all permits, licences and approvals which may be required under any local laws to provide the Services. You must, on request, promptly provide us with evidence of the insurance obtained by you in accordance with this clause, including certificates or currency and policy terms (including exclusions).

18. Representations, Warranties, Covenants and Disclaimers

a.    You represent, warrant, and covenant to VICHARE EXPRESS that: (a) you are at least 18 years of age; (b) you possess a valid RUNNER’s license and are authorized to operate a vehicle; (c) you own, or have the legal right to operate, the vehicle(s) you intend to use or do actually use for order executions and maintain all legally mandated registrations and insurances for such vehicle; (d) in the event of any claim or accident, you will be solely responsible for reporting that accident in compliance with applicable law and your insurance policy; (e) you are solely responsible for any and all liability that results from or is alleged as a result of the operation of the vehicle you use during a order execution, including, but not limited to personal injuries, death, and property damage; (f) if you lift or otherwise move any Item, you do so at your own risk and VICHARE EXPRESS has no liability for any claim, loss, or damage related thereto; (g) you will not make any representations regarding VICHARE EXPRESS or the Service; (h) you will not, under any circumstances transport any items that would violate local laws (i) you will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation in violation of any applicable law, rule or regulation. You will indemnify VICHARE EXPRESS from and against any damages resulting from your performance of orders, including any personal injury, property damage, or death.

In rendering the services to the Users, RUNNER warrants that:

                 i.    It shall observe the best service quality standards and ensure its obligations to the satisfaction of the Users.

                ii.    You will not represent yourself to be an agent, subcontractor, representative, employee or affiliate of VICHARE EXPRESS.

               iii.    You will not contact any other User directly or outside of the Platform. You shall not contact another User directly once the Order is complete.

               iv.    You will not access or use our Platform or receive or perform Delivery Services in any way that could cause nuisance, annoyance, and inconvenience or could interfere with or negatively affect other Users from fully using or enjoying the Platform or receiving or performing Delivery Services.

                v.    It shall meet the various deadlines and standards of services provided to the satisfaction of the Users.

               vi.    It shall discuss and review its progress, on a regular basis as and when required by Users.

             vii.    It shall on completion of a successful delivery transaction, must obtain the signature of the person to whom delivery was made; further

            viii.    You agree to use the Platform and the materials provided therein only: (i) for purposes that are permitted by the Terms of Use; and (ii) in accordance with any applicable law, regulation or generally accepted practices or guidelines.

               ix.    You hereby represent and warrant that: (i) You have full power and authority to enter into this Terms of Use and perform your obligations hereunder; (ii) You have not entered into, and will not enter into, any arrangement that would prevent it from complying with this provisions of the Terms of Use and applicable law; (iii) You will comply with all applicable laws in its performance of this Terms of Use, including holding and complying with all permits, licenses, registrations, certifications and other governmental authorizations necessary to provide RUNNER Services using the required vehicle pursuant to this Terms of Use.

                x.    You represent and warrant that you have not received any notice from any third party or any governmental authority and no litigation is pending against you in any court of law which may have an adverse effect on the provision of logistic/delivery/transportation services.

               xi.    You represent and warrant that you upon performing the RUNNER Services, promptly and accurately update on the Platform that you have completed such RUNNER Services or delivered the Service, as the case may be.

              xii.    You represent and warrant that all governmental authorisations, consents, licenses, registration, approvals and other consents required under applicable laws for the provision of RUNNER Services have been obtained and shall remain in force for as long as you are using the Platform and availing the VICHARE EXPRESS Services or during the provision of RUNNER Services by you.

            xiii.    You agree not to access (or attempt to access) the Platform and the materials or by any means other than through the interface that is provided by VICHARE EXPRESS. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any of its content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any content therein, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.

            xiv.    You acknowledge and agree that by accessing or using the Platform or VICHARE EXPRESS Services, you may be exposed to content from other users (including but not limited to other Service Seekers, Users and RUNNERs) that you may consider offensive, indecent or otherwise objectionable. VICHARE EXPRESS disclaims all liabilities arising in relation to such offensive content on the Platform.

              xv.    If the Platform allows you to post and upload any material on the Platform, you hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. All material added, created, uploaded, submitted, distributed, or posted to the Platform by you is your sole responsibility. You hereby do and shall grant VICHARE EXPRESS a worldwide, non-exclusive, perpetual, royalty-free, sub-licensable and transferable license to use, reproduce, disclose, distribute, translate and otherwise fully exploit any such material, in connection with the Platform and VICHARE EXPRESS’s (and VICHARE EXPRESS’s successors’ and assigns’) businesses, including without limitation, for promoting the Platform in any media formats and through any media channels. You represent and warrant that you have all rights to grant such licenses to VICHARE EXPRESS without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

            xvi.    All contact between users should end when the order is complete. Texting, calling, visiting, or trying to visit someone in person after the order has been completed is not allowed. You should immediately alert VICHARE EXPRESS, if another user contacts you for any reason other than your order. 

           xvii.    Disclaimer of Warranties: You hereby accept and acknowledge that, the VICHARE EXPRESS Services and Platform is provided on an "as is" and "as available" basis. VICHARE EXPRESS does not represent, warrant or guarantee that your access to or use of the VICHARE EXPRESS Services or Platform: (i) will be uninterrupted or error free; or (ii) will result in any guaranteed requests for RUNNER Services. VICHARE EXPRESS functions as an on‐demand lead generation and related service only and makes no representations, warranties or guarantees as to the actions or inactions of the Users, who may request or receive RUNNER Services from you, and VICHARE EXPRESS need not screen or otherwise evaluate Users. By using the VICHARE EXPRESS Services and Platform, you acknowledge and agree that you may be introduced to a third party (including Users, Delivery Service Seekers) that may pose harm or risk to you or other third parties. You are advised to take reasonable precautions with respect to interactions with third parties encountered in connection with the use of the VICHARE EXPRESS Services or the Platform. VICHARE EXPRESS expressly disclaims all liability for any act or omission of any RUNNER, any User, Service Seeker or other third party.

          xviii.    No Service Guarantee:  VICHARE EXPRESS does not guarantee the availability or uptime of the VICHARE EXPRESS Services or the Platform. You acknowledge and agree that the VICHARE EXPRESS Services or Platform may be unavailable at any time and for any reason (e.g., due to scheduled maintenance or network failure). Further, the VICHARE EXPRESS Services or Platform may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications or for any other technological reasons, and VICHARE EXPRESS is not responsible for any delays, delivery failures or other damages, liabilities or losses, costs resulting from such problems.

19. Indemnification

You shall indemnify, defend and hold harmless VICHARE EXPRESS and its affiliates and the irrespective officers, directors, employees, agents, successors and assigns (“Indemnified Parties”) from and against any and all liabilities, losses (including reputational loss and brand value loss caused due to deficiency of services on part of you), demands, expenses(including legal fees and disbursements in connection there with and interest chargeable upon), damages, penalties, fines, social security contributions and taxes asserted against or incurred by the Indemnified Parties arising out of or related to: (i) Your breach of your representations, warranties or obligations under this Terms of Use; or (ii) a claim by a third party (including Users, Service Seeker, regulators and governmental authorities) directly or indirectly related to (x) Your provision of RUNNER Services or use of the VICHARE EXPRESS Services or the Platform, (y) Your acts of negligence or willful misconduct in performance of this Terms of Use.

 

 

20. Limitation of Liability

a.    VICHARE EXPRESS and its affiliates shall not be liable under or related to this Terms of Use for any of the following, whether based on contract, tort or any other legal theory, even if a party has been advised of the possibility of such damages: (i) any incidental, punitive, special, exemplary, consequential, or other indirect damages of any type or kind; or (ii) Your or any third party’s property damage, or loss or inaccuracy of data, or loss of business, revenue, profits, use or other economic advantage. In no event shall the liability of VICHARE EXPRESS or its affiliates under this Terms of Use exceed INR 100/- (Rupees One Hundred) or limited to the VICHARE EXPRESS Service & Platform fees retained under this agreement, whichever is higher.

b.    You acknowledge and agree that any and all claims you have or purport to have against VICHARE EXPRESS and/or its affiliates should be notified to VICHARE EXPRESS and/or its affiliates immediately and no later than 30 days from the event. You forfeit all rights in respect of that claim if you fail to do so. These limitations do not purport to limit liability that cannot be excluded by applicable law.

c.     If a claim is filed against you and VICHARE EXPRESS is otherwise required to pay for damages caused by you, in VICHARE EXPRESS’s sole discretion, VICHARE EXPRESS may charge you any or all of the deductible or other out-of-pocket expenses VICHARE EXPRESS is required to pay as a result of that claim.

d.    To the fullest extent permitted by law, VICHARE EXPRESS’s liability under this agreement will be limited to the VICHARE EXPRESS Service & Platform fees retained under this agreement.

21. Cancellation/Late Delivery:

a.    VICHARE EXPRESS’s goal is to reduce the number of RUNNERs, who accept and then cancel orders. This provides a bad user experience for The Service Seekers and is not acceptable. You acknowledge that you must contact support executive for the cancellation of particular order and you may be liable for the following additional fees:

                 i.    If a RUNNER cancels a order that he/she has already accepted, that RUNNER will be billed a Rs.50/- (Rupees Fifty) cancellation fee.

                ii.    If a RUNNER cancels 3 orders within a 30 day period, that RUNNER’s account will be suspended for 1 (One) week in addition to the cancellation fees. (suspension will begin 7 days after 3rd cancellation.)

               iii.    a cancellation fee of a minimum Rs.50/- where the Service Seeker requests for the Delivery Services to be cancelled due to your delay by more than 60 minutes from the agreed pick-up time or where you fail to keep your GPS location service on at all times during the order and that VICHARE EXPRESS is unable to track your location for more than 30 minutes, then the Service Seeker may cancel the Job, have the Delivery Services Fee refunded to them by VICHARE EXPRESS and, VICHARE EXPRESS will charge you the Cancellation Fee.

               iv.     If a RUNNER is a No Show on a order that he/she accepted, that RUNNER will be billed a Rs.100/- (Rupees One Hundred) cancellation fee and immediately suspended for 7 days. A RUNNER is considered a No Show, if the RUNNER is not at the scheduled pickup time within 20 minutes of the start time or if they cancel the order at the scheduled start time. If that RUNNER occurs a 2nd No Show offense, that RUNNER will be billed Rs.150/- (One Hundred Fifty) and will be permanently deactivated from the platform.

                v.    Each Request will prescribe a timeframe for pick-up or delivery of the item. You are required to use your reasonable endeavours to pick-up or deliver the item by no later than 30 minutes of the agreed timeframe. If you do not pick-up or deliver the item within 30 minutes of the agreed timeframe, then VICHARE EXPRESS and the Sender reserves their right to cancel the order by notice to you. If the Service Seeker elects to cancel the order, you will be liable to pay the Cancellation Fee.

b.    Late Delivery:

                 i.    a Delay Fee of a minimum Rs.50/- (Rupees Fifty), where you are later than the agreed delivery time by more than 30 minutes but less than 60 minutes, then VICHARE EXPRESS will be required to deduct the Delay Fee from the Delivery Services Fee payable to you.

                ii.    If a RUNNER not deliver orders on the same day or order left incomplete that RUNNER’s will not get any Delivery Service Fee of the concern order. For 2nd such instance, RUNNER account will be suspended for 1 (One) week. For 3rd such instance, RUNNER will be permanently deactivated from the platform.

Cancellation Fees/Late Delivery Fee may be deducted from future earnings.

 

22. Term and Termination

a.    VICHARE EXPRESS reserves the right to terminate these RUNNER Terms of Use and/or the Agreement or cancel your Account and deny the RUNNER access to VICHARE EXPRESS Delivery Platform at any time for any reason. The date on which the RUNNER’s access to the VICHARE EXPRESS Delivery Platform is intentionally blocked by the VICHARE EXPRESS shall be considered as the Termination Date of these RUNNER Terms of Use.

                 i.    These Terms of Use will continue to apply until terminated by either you or VICHARE EXPRESS as set forth below (“Term”). These Terms shall continue to apply so long as you continue to access the Platform.

                ii.    If You want to terminate these Terms, you can do so by (1) notifying VICHARE EXPRESS to close your Account; and (2) not accessing the Platform. Such termination shall take effect after 7 days of receipt of the above notice and VICHARE EXPRESS shall delist the RUNNER at the end of the 7th Day.

               iii.    VICHARE EXPRESS may, at any time, terminate the General Terms and any Additional Terms (as applicable) with you if:

1)      you have breached any provision of the Terms of use and Additional Terms (as applicable) or intend to breach any provision;

2)      You are charged with any criminal or traffic offence;

3)      You have breach any relevant laws or regulations;

4)      You are commit any fraud or dishonesty;

5)      VICHARE EXPRESS is required to do so by law;

6)      failure to verify or authenticate RUNNER Information

7)      the partner with whom VICHARE EXPRESS offered the Services to you has terminated its relationship with VICHARE EXPRESS or ceased to offer the Services to you;

8)      VICHARE EXPRESS is transitioning to no longer providing the Services;

9)      the provision of the Services to you by VICHARE EXPRESS is, in the opinion of VICHARE EXPRESS, no longer commercially viable;

10)   you disparage VICHARE EXPRESS or bring VICHARE EXPRESS into disrepute; or

11)   if you do not provide any Services or your account has been inactive for a period of 30 days.

12)   any action or omission by the RUNNER which can cause legal or contractual liability for VICHARE EXPRESS including but not limited to fraudulent conduct, customer complaints, continuous unsatisfactory reviews by the Users, misconduct, negligence, and all other actions specifically prohibited under Applicable Law.

               iv.    You agree that you will assist us in the investigation of any customer complaints that may be made about you, or your Personnel or in relation to any incident in which you may be able to assist.

b.    VICHARE EXPRESS is also at liberty to terminate the contract at their discretion, where, in their opinion, continuance of the services of RUNNER is detrimental to the business interest of VICHARE EXPRESS due to the acts of the RUNNER, such as the following:

                     i.    Misbehavior, rude behavior with the staff of VICHARE EXPRESS, Users or any other persons associated with the VICHARE EXPRESS.

                    ii.    Any acts involving criminal offence punishable under law, including physical assault, threatening any of the staff of VICHARE EXPRESS, person associated with VICHARE EXPRESS and any other persons.

                   iii.    Any inquiry / investigation against RUNNER which is pending with the law enforcement agencies or any government department;

                   iv.    ongoing business dispute with the RUNNER involving settlement and reconciliation of accounts;

                    v.    Concealment of fact / material information while entering into contract with VICHARE EXPRESS.

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

                 vii.    Drunk while on duty and drunken behavior.

                viii.    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 Users.

                   ix.    Commission of fraud/misappropriation/embezzlement for undue monetary gain, which is against the interest of the VICHARE EXPRESS.

                    x.    Negligence in performing the duty, causing damage of moveable and immoveable assets of VICHARE EXPRESS, its employees, Users.

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

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

                xiii.    Indulging in unauthorized disclosure of Confidential Information of VICHARE EXPRESS to external agency, person, VICHARE EXPRESS or organization.

                xiv.    Misuse of assets provided by VICHARE EXPRESS and welcome kits, which could be detrimental to the interest of VICHARE EXPRESS’s brand and its image.

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

                xvi.    Failure to abide by any of the rules and guidelines given by VICHARE EXPRESS as part of service quality standards and principles.

               xvii.    Doing any act unbecoming of a RUNNER.

              xviii.    In case the background check, whether wholly or partially, is found negative at any point of time during the term of these RUNNER Terms of Use.

c.     Upon termination of your Account, the RUNNER ID allotted to you, and/or any other content or materials related to you shall be deleted. VICHARE EXPRESS may however retain your transaction history on the Platform or in your Account and any other RUNNER records, for be legal purposes without any obligation to provide you with the data.

d.    The termination of your Account shall not relieve you of any liability that you may have incurred or may incur in relation to use of VICHARE EXPRESS Services or the Platform prior to such termination. Further, VICHARE EXPRESS shall not be liable to you or any third party for any termination of your Account, or your access to the Platform and VICHARE EXPRESS Services.

e.    Upon termination of this Agreement, RUNNER shall forthwith hand over to VICHARE EXPRESS/Service Seeker all documents, material and any other property belonging to VICHARE EXPRESS/Service Seeker including any confidential information. In case the RUNNER fails to do so, VICHARE EXPRESS 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 VICHARE EXPRESS to the RUNNER under the Agreement or the RUNNER Terms of Use.

f.     Notwithstanding anything contained in this Clause, VICHARE EXPRESS reserves the right to recover any amounts due and owed by the RUNNER and take appropriate legal actions that may be available under Applicable Law and equity for recovery of any amounts due.

23. Violation of the Terms of Use

a.    Violations may include:

                 i.    Not responding to orders or messages after a conversation has been initiated

                ii.    Violating community trust and safety

               iii.    Poor communication.

               iv.    Failure to respond to and resolve customer complaints about a completed order

                v.    Subcontracting work without discussing with the customer

b.    Consequences:

                 i.    First offense: Warning, VICHARE EXPRESS will step in to mediate.

                ii.    Second offense: 7 days suspension.

               iii.    Third offense: Full account suspension.

c.     You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to VICHARE EXPRESS, for which monetary damages would be inadequate, and you consent to VICHARE EXPRESS obtaining any injunctive or equitable relief that VICHARE EXPRESS may deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that VICHARE EXPRESS may have at law or in equity.

d.    If VICHARE EXPRESS does take any legal action against you as a result of your violation of these Terms of Use, VICHARE EXPRESS will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to VICHARE EXPRESS.

24. Relationship of the Parties

Except as otherwise expressly provided herein to the relationship between VICHARE EXPRESS and RUNNER is solely that of independent contractors. The parties expressly agree that:

a.    these Terms of Use do not create any relationship of employment with VICHARE EXPRESS nor does it impose any employer obligations on VICHARE EXPRESS (inter alia including obligations under labor laws and tax laws); and

b.    no joint venture, partnership, or principal-agent relationship exists between VICHARE EXPRESS and RUNNER(s). However, for the limited sole purpose of collection of Delivery Services Fees, other charges, etc., VICHARE EXPRESS may be engaging with third parties’ services on behalf of RUNNER, for collecting payments from Users on behalf of the RUNNER.

25. Miscellaneous Terms

a.    Modification: VICHARE EXPRESS reserves the right to modify these Terms of Use, effective upon publishing an updated version on the Platform. VICHARE EXPRESS shall not be required to notify you of any changes made to the Terms of Use. You are requested to regularly visit the homepage to view the most current Terms of Use. You can determine when VICHARE EXPRESS last modified the Terms of Use by referring to the “Last Updated” legend above. It shall be your responsibility to check these Terms of Use periodically for changes. VICHARE EXPRESS may require you to provide your consent to the updated Terms of Use in a specified manner prior to any further use of the Platform. If no such separate consent is sought, your continued use of the VICHARE EXPRESS Services, or the Platform will constitute your acceptance of those changes.

b.    Supplemental Terms: Supplemental terms may apply to your use of the Platform or the VICHARE EXPRESS Services, such as use policies or terms related to certain features and functionality and/or zero tolerance/shipping policies, which may be modified by VICHARE EXPRESS from time to time (“Supplemental Terms”). You may be presented with certain Supplemental Terms from time to time. Supplemental Terms are in addition to, and shall be deemed a part of, these Terms of Use. Supplemental Terms shall prevail over these Terms of Use in the event of a conflict.

c.     Severability: If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of this Terms of Use but the legality, validity and enforceability of the remainder of this Agreement shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable (part of the) provision with a (part of a) provision that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable (part of the) provision, given the contents and purpose of these Terms of Use.

d.    Assignment: You shall not assign or transfer these Terms of Use or any of its rights or obligations hereunder, in whole or in part, without the prior written consent of VICHARE EXPRESS. VICHARE EXPRESS may assign or transfer any or all of its rights or obligations hereunder, in whole or in part, under these Terms from time to time without consent.

e.    Non-Exclusive: It is expressly agreed and understood between the parties hereto that, this agreement is on a non-exclusive basis and RUNNER does not have any exclusive right to provide the Services to Service Seekers. VICHARE EXPRESS is free to engage as many RUNNERs, to avail such services at any time or in concurrence with the services by RUNNER and RUNNER will not have any objections to any such arrangements by VICHARE EXPRESS to any other RUNNERs or otherwise.

f.     Non-Solicitation: Where a Service Seeker (which includes his/her/its employees, agents, representatives, related entities or associated entity) contacts you for the engagement of further delivery services outside the VICHARE EXPRESS Application, you must during the period of 12 months after first being introduced to the Service Seeker by VICHARE EXPRESS, direct the Service Seeker to engage you via the Application.

                 i.    In the event that you are engaged by a Service Seeker outside the Application, you acknowledge and agree that you are liable to VICHARE EXPRESS for the equivalent of 25% (less GST and disbursements) of all services rendered by you to the Service Seeker during the abovementioned period of 12 months (the “Introduction Fee”). This means that you must use the VICHARE EXPRESS Application as your exclusive method to perform the Services for a Service Seeker unless VICHARE EXPRESS agrees otherwise (in writing) and you pay VICHARE EXPRESS the Introduction Fee.

                ii.    You acknowledge and agree that this clause is fair and reasonable under the circumstances and these restraints are reasonably necessary to protect VICHARE EXPRESS’s business interests as it has expended significant resources in advertising, marketing and staffing to make its Application and Services possible.

g.    Set-off: In addition to any other remedies provided under a contract including the Agreement and these RUNNER Terms of Use or provided by law or in equity, VICHARE EXPRESS may, at any time, without notice to the RUNNER, set off any liability of the RUNNER to VICHARE EXPRESS against any liability of VICHARE EXPRESS to the RUNNER, whether either liability is present or future, liquidated or unliquidated, and whether or not either liability arises under the Agreement or these RUNNER Terms of Use.

h.    Penalty: Notwithstanding anything contrary contained in these RUNNER Terms of Use, VICHARE EXPRESS 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 VICHARE EXPRESS.

i.      Notices:  Any notice delivered by VICHARE EXPRESS to you under these Terms of Use will be delivered by email to the email address associated with your Account or by posting the same on the Platform. Any notice delivered by you to VICHARE EXPRESS under these Terms of Use will be delivered by contacting VICHARE EXPRESS on vicharerunner@gmail.com and/or its support representatives.

j.      Force Majeure: Neither Party shall have any liability under or be deemed to be in breach of these RUNNER Terms of Use for any delays or failures in performance of these RUNNER Terms of Use, 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.

k.    Governing Law & Arbitration: This Terms of Use shall be governed exclusively by laws of India and the Parties expressly submit to the exclusive jurisdiction of the courts of Mumbai. In the event of any dispute, claim or controversy arising under, or in relation to, this Terms of Use (“Dispute”), such Dispute shall be resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The Dispute shall be settled by a sole arbitrator, solely appointed by VICHARE EXPRESS pursuant to the provisions of the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be Mumbai, India and the arbitration proceedings shall be governed by the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time. All arbitration proceedings shall be conducted in English. The arbitration award shall be final and binding on the Parties and shall be enforceable in any competent court of law, and the Parties agree to be bound thereby and to act accordingly.

 


 

List of Prohibited Items:

        The Following Is The List of Prohibited Articles :

1

Stamped and prepaid postal envelopes and parcels

2

Firearms, parts thereof and ammunition, explosives and military equipment, Flammable

3

Precious stones, gems and jewelry, articles of exceptional value e.g. works of art, antiques

4

Contraband Articles

5

Unpacked Cinema Films

6

Unauthorised Forest Produce

7

Hazardous and radioactive material, Dangerous Goods, Liquids and semi-liquids

8

All items that infringe the Indian Postal Act Of 1898 and all restricted items as per the guidelines of IATA

9

liquor, Live Stock / Animals and plants, Animal skins & furs

10

Meat, Bones / Horns, Raw Fish, Dry Fish, Dry Ice

11

Any pornographic material

12

Batteries (with Acid)

13

Uncrossed (bearer) drafts / cheque, currency and coins

14

Charcoal

15

Hazardous chemical items, Toxic and infectious substances, Flammable liquids, Radio-active Material

16

Publications containing maps showing incorrect boundaries of India

17

Dead bodies of Human beings and Animals, Corpses, cremated or disinterred remains.

18

Unpacked Cotton Bales, Unpacked Dry Leaves

19

Passports

20

Counterfeit or pirated goods

21

Unpacked Woolen Goods

22

Untanned Leather, Skins & Hides

23

Opium

24

Any item whose carriage is prohibited by any law, statute or regulations of the country of origin or destination, or of any country through which the parcel may transit.

25

Toxic and Non-Toxic gases

26

Poison, Powders and Beatle Nut

27

Any parcel which is likely to cause damage to equipment, personnel or other parcels.

28

Crackers / Explosives, Flammable solids

29

Any parcel which may require the carrier to obtain a license for its transportation.

30

Gas Cylinders with compressed gas, Solvents, Adhesives, Aerosol cans / Sprays

31

Oxidizing substances and Organic Peroxide, Hazardous materials

32

Drugs and Narcotics and Hemp material

33

Gambling Devices: Lottery tickets and gambling devices prohibited by national, provincial, state or local law.

34

Any other items, declared from time to time

 

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