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

Users Terms

Last updated on 07.11.2020.

This legal document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended 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 USERS Terms of Use for using the VICHARE EXPRESS & LOGISTICS PVT. LTD. (VICHARE EXPRESS) Platform. 

This legal document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Services and practices  for access or usage of www.vichare.com and other integrated systems (“VICHARE EXPRESS OnDemand SameDay Delivery APP”).

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

These Terms and conditions apply to all visitors, users and others who access, download, register and use VICHARE EXPRESS website or application. By installing, downloading or even merely using the Platform, you shall be contracting with VICHARE EXPRESS and you signify your acceptance to this Terms of Use and other VICHARE EXPRESS policies (including but not limited to the Cancellation & Refund Policy, Privacy Policy) as posted on the Platform and amended from time to time, which takes effect on the date on which you download, install or use the Platform, and create a legally binding arrangement to abide by the same.

You may only access the Platform using the Website, an App or other specifically authorized means. It is your responsibility to check to ensure you download the correct App for your mobile, tablet, computer or similar device (“Device“). VICHARE EXPRESS is not liable if you do not have a compatible Device or if you have downloaded the wrong version of the App for your Device. VICHARE EXPRESS reserves the right to deactivate your account and your ability to use our Platform if you access the Platform with the wrong version of the App or an incompatible or unauthorized Device.

By confirming I accept this order doesn’t contain illegal/restricted services, if illegal/restricted services are found by VICHARE EXPRESS RUNNERs, they may report it to the law enforcement authorities. These Terms expressly supersede prior agreements or arrangements with you.  

User Terms

These terms of use ("Terms of Use") mandate the terms on which users ("You" or "Your" or "Yourself" or "Users" or "Senders"  or “Service Seeker”) interested in browsing or availing VICHARE EXPRESS Services (defined below), and accessing the platform www.vichare.com and the mobile application owned and operated by VICHARE EXPRESS & LOGISTICS PVT. LTD. ("VICHARE EXPRESS"), 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, collectively referred to as, the "Platform" connects with the Service Seekers (Individuals or Organizations) registered on the Platform ("Tied-up Service Seekers"), Service Seekers not registered on the Platform ("Non-tied up Service Seekers") (together hereinafter referred to as "Service Seekers") and with RUNNERs, to arrange and schedule delivery of items/products and/or logistics services ("RUNNERs") (Individuals or Organisations) to avail the VICHARE EXPRESS Services.

RUNNERs are individual entrepreneurs engaged with VICHARE EXPRESS on a voluntary, non-exclusive and principal to principal basis to provide aforementioned services for Delivery Services Fee/Cash On Delivery Fees/Cash Transfer Fees (means a quote, calculated from the tariffs listed on the website/app, for the execution of a Delivery & COD services 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. 

Please read the Terms of Use carefully before using the Platform or registering on the Platform or accessing any material or information through the Platform. By clicking on the "I Accept" button, means the User's confirmation that the User accepts the offered Delivery Services Fee and grants the VICHARE EXPRESS the permission to bill the User on the RUNNER's behalf and accept this Terms of Use and agree to be legally bound by the same.  Use of and access to the Platform is offered to you upon the condition of acceptance of all the terms, conditions and notices contained in this Terms of Use and Privacy Policy, along with any amendments made by VICHARE EXPRESS at its sole discretion and posted on the Platform from time to time.

For the purposes of these Terms of Use, the term 'VICHARE EXPRESS' or 'Us' or 'We' refers to “VICHARE EXPRESS & LOGISITCS PVT. LTD.” The term 'You' refers to the User or Visitor / Service Seeker of the Website and/or App. When you use our services, you will be subject to the terms, guidelines and policies applicable to such service and as set forth in these Terms of Use. As long as you comply with these Terms of Use, We grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use our Platforms and services.

These Terms of Use of the Website and Applications provided by the VICHARE EXPRESS define the conditions under which VICHARE EXPRESS grants the Users and RUNNER a licence to use the Website and Applications to enable the Users to entrust the RUNNERs with Deliveries of Parcels/Goods and pay them, all within a determined contractual framework under the conditions set out in these Terms of Use. The service offered by VICHARE EXPRESS is that of putting the User and the RUNNER in contact only.

PART A - General Terms Relating To VICHARE EXPRESS Services

1.    VICHARE EXPRESS Services:  

ON-DEMAND – SAME DAY DELIVERY ( STANDARD TIME DELIVERY )

The Services constitute a technology platform/mobile based software application through which the User can avail pick-up and delivery service for parcels / goods that the User wishes to deliver from a pre-determined pick-up point (“Pick-up Point”) to a pre-determined drop-off point (“Drop Point”) to the person as identified by the User. The User may choose to be the person sending the Parcels/Goods or could identify such other person who will be the sender of the Goods (“Service Seeker”) or is the recipient of such Parcels/Goods or could identify such other person who will be the recipient of the Goods (“Recipient”), as the case may be.

The Platform provides you with the following On-Demand Same Day Delivery services ("VICHARE EXPRESS Services"):

a.    It allows you to connect with RUNNERs;

b.    It allows you to view the services listed on the Platform by the RUNNER i.e. On-Demand Same Day Delivery

c.     It allows you to pick-up and Drop-off packages / parcels from 1 (one) location to the other through the RUNNER ("Pick-Up and Drop-off Services");

d.    It allows you to give ratings, write comments and reviews about RUNNERs;

e.    It facilitates improvement in the quality of the services provided by VICHARE EXPRESS on the Platform based on User ratings, reviews and feedbacks provided on the Platform.

When the VICHARE EXPRESS App/ website is active, you may requests for RUNNER services, and available RUNNER in the vicinity, from where you wish for collection/pick-up of Parcels/Goods/Articles, will be provided to you. If you wish to receive a RUNNER service, the VICHARE EXPRESS Services will provide you with certain RUNNER Information via the App/website/e-mail/SMS provided by the Service Seeker, including the RUNNER’s name, contact information and photo. You acknowledge and agree that once you have made a request for RUNNER Services, VICHARE EXPRESS mobile application will provide certain information about you and information of the person whom you wish to deliver the respective Parcels/Goods/Articles to the RUNNER, including the person you intend to deliver the Parcel/Goods/Articles and your first name, contact information, and location. 

The Website and Applications allows for the automated placing of orders between a User and a RUNNER without any human intervention by the VICHARE EXPRESS. We do not 'check' the User's delivery request before the RUNNER is assigned. It is therefore essential that the pick-up and delivery address, weight of parcels, nature of goods is correctly entered and declared in order for the accurate services and pricing to be displayed. The offered Delivery Services Fee will be based on the information you provide, when placing the User's Order Request. You are entitled to pay a Delivery Services Fee for each instance, after you made a request for RUNNERs service via e-payment option provided to you on VICHARE EXPRESS or you shall have the options to make payment directly to RUNNER at the pick-up location of goods.

The RUNNER agrees to provide services to the Service Seeker. The RUNNER ensures to comply with the instructions issued by the Service Seeker in order to complete the delivery transaction. In consideration the Service Seeker shall make an advance payment to VICHARE EXPRESS, through online portals such as internet banking etc. VICHARE EXPRESS here, after deducting its commission from the advance received by Service Seeker, will subsequently pay to the respective RUNNER, who provided service to the Service Seeker, after satisfactory completion of delivery transaction by the RUNNER or settle RUNNER’s account on Fortnightly basis.

Each relevant RUNNER has the sole discretion to provide acceptance for such request. If a RUNNER accepts the request, VICHARE EXPRESS will notify you and provide information about the RUNNER such as RUNNER name, contact details, etc. A contract for the Services will only be formed upon your delivery request acceptance and acceptance by a RUNNER of the Delivery Request.

The RUNNER may need to contact the User by telephone after acceptance of the Order Request. The RUNNER may also need to contact the Service Seeker and/or the Recipient, if not the User, by telephone at the time of the Delivery of Goods. In this respect, the User who has entered the telephone numbers of the Recipient and/or the Sender, so they can be contacted by the RUNNER within the framework of the Delivery of Goods, represents and warrants that he has obtained their agreement to do so.

The RUNNER will collect the Parcels/Goods from the Service Seeker at the Pick-up Point and deliver them to the Recipient at the Dropoff Point. In case either of the Pick-up Point or the Dropoff Point is beyond the radius of operation of VICHARE EXPRESS, the User will be notified of VICHARE EXPRESS’s inability to provide the services.

The collection of the Goods will normally occur on the User's chosen date and a delivery request can be made between 90 Minutes or 15 days ahead of the required delivery date. Collections are possible 24x7x365, but are subject to RUNNER availability in applying the Order Request to meet the User's requirements. RUNNER can use any type of public or private transport or ride a motorbike or by foot for pick-up and deliver assigned orders.

 Once the Delivery Services/Pick-Up and Drop-off Services have been completed or delivered, as the case may be, you shall promptly notify the same on the Platform. The final tax bill will be issued by RUNNER (if registered for tax purposes) to the Service Seeker.

2.    General:

 

a.      The Service Seeker acknowledges and agrees that the Services are only accessible online via the Website and the Applications.

b.      VICHARE EXPRESS enables delivery of Orders or completion of Tasks/Order at select localities of serviceable cities by connecting third party service providers i.e. RUNNER, who will be responsible for providing the pick-up and delivery services and completing Tasks initiated by the users (Service Seeker) of the Platform. For Delivery Services, VICHARE EXPRESS is simply acting as an intermediary between the Service Seeker and RUNNER. Service Seeker may not be able to avail Services, if their delivery location is outside VICHARE EXPRESS’s current scope of Service. VICHARE EXPRESS will keep the Service Seeker informed of the same at the time of confirming his/her Order booking.

c.       Upon acceptance of any Order or Task by the RUNNERs, the pickup and delivery services or Task completion services (as the case may be) undertaken by him/her, shall constitute a separate contract for services between Service Seeker and RUNNERs. VICHARE EXPRESS shall not be responsible for the services provided by RUNNER to Service Seeker through the Platform. VICHARE EXPRESS may, however, offer support services to RUNNERs in respect of order fulfillment, payment collection, call centre support, and other ancillary services, pursuant to independent contracts executed by VICHARE EXPRESS with the RUNNERs.

d.      It is the User's responsibility to ensure the person handing over the Parcels/Goods gives it to the correct assigned RUNNER. The Sender can identify the Assigned RUNNER using the order reference number received at the time of the booking. VICHARE EXPRESS and the RUNNER does not accepts liability for loss, damage or theft of a Parcels/Goods as a result of the Parcels/Goods being given to anyone other than the correct assigned RUNNER.

e.      The automated system on the Website and Applications requests collection times as set out in the User's Order Request. The RUNNER is under no obligation to collect the Goods within any timeframe communicated as an estimate, or within any other deadline. In the event that the RUNNER is unable to collect the Goods within the timeframe set out in the Order Request, the RUNNER will endeavour to notify the User of the revised collection time as soon as possible. Service Seeker also understands that delivery time quoted at the time of confirming the Order is an approximate estimate and may vary based on the information obtained from RUNNER. VICHARE EXPRESS will not be responsible for any delay in the delivery of an Order.

f.       It is the User's responsibility to ensure that all the details are correctly completed and displayed on the correct Parcels/Goods as delivery will be made to the details listed on the Parcels/Goods. It is not the RUNNER's responsibility to check this information, so please ensure this is checked before he leaves. RUNNERs can only deliver parcels/goods to a full street address. The RUNNER cannot deliver parcels/goods to a PO Box or BFPO address. You can deliver to multiple addresses in one order (Max 5 location/not more than 100km distance). With this feature, you will save more.

g.      VICHARE EXPRESS does not make any representation or warranty with respect to any aspect of the services being provided by the RUNNERs through the Platform including but not limited to pick-up and delivery services and Order/Task completion services to the Service Seeker as the case may be.

h.      Similar to the above, VICHARE EXPRESS is only providing a platform for communication with RUNNER and does not provide any pick-up and delivery services or Order/Task completion services with respect to the Orders placed by Service Seekers on the Platform as it is merely facilitating Delivery Services by connecting the Service Seekers with the RUNNER through the Platform. In case of complaints by the Service Seeker for deficiency or lapse in the delivery services or Order/Task completion services provided by RUNNER, VICHARE EXPRESS shall notify the same to the RUNNER and also assist Service Seeker to the best of its abilities to enable satisfactory resolution of the complaint.

i.        The transactions are bilateral between the Service Seeker and RUNNER, therefore, VICHARE EXPRESS is not liable to charge or deposit any taxes applicable on such transactions. You agree that payment made by you to VICHARE EXPRESS shall be considered the same as a payment made directly to RUNNER by you.

j.        Service Seeker’s Order will be only delivered to the address designated by him/her at the time of placing the Order on the Platform. Service Seeker’s Order will be cancelled in the event of any change of the address and Service Seeker shall be entitled to any refund for the same, subject to the Cancellation & Refund policy of VICHARE EXPRESS. Delivery of parcels/goods and services in the event of change of the delivery location shall be subject to acceptance by the RUNNER or sole discretion of VICHARE EXPRESS.

k.      We do not detain any delivery without any valid reason and ensure our best to deliver within the promised timeframe, however we shall not be liable for a delayed delivery, if the OTP provided by the Recipient does not match. If the Recipient for whatever reasons is unavailable to collect the Parcels/Goods, or if a valid OTP is not entered at the time of delivery, we will return the Parcels/Goods to the Service Seeker or the User (reverse process), towards which the User shall have to pay such additional Delivery Services Fee (Return to Origin) as may be applicable.

l.        It is also pointed out that VICHARE EXPRESS does not store delivery items from pick-up to delivery location at any point, however, it reserves the right to pick-up multiple items, along the way, consequently storing items transiently, or transferring items across RUNNERs at its sole discretion, which shall be considered as a part of the service and agreeing to these terms shall explicitly give VICHARE EXPRESS the right to transiently store delivery items as well as transfer delivery items across RUNNER without inducting any additional liability.

m.    By giving us the Parcels/Goods, you hereby appoint us as your agent, and as agent solely for the delivery of the Parcels/Goods to the Recipient. In some instances, local authorities may require additional documentation confirming our appointment. You hereby agree that your confirmation and agreement to these terms are the confirmation of our appointment as your agent for the limited purpose as set forth above.

n.      VICHARE EXPRESS may, at its absolute sole discretion, add, modify, upgrade, extend, withdraw or alienate any of the VICHARE EXPRESS Services listed above from time to time. VICHARE EXPRESS does not provide any guarantee to you that the VICHARE EXPRESS Services will be made available to you at all times.

o.      You hereby agree and acknowledge that VICHARE EXPRESS is only a facilitator between you and RUNNERs (as the case maybe) and VICHARE EXPRESS only provides you with access to the Platform to connect RUNNERs for you to initiate transactions on the Platform. You hereby agree and acknowledge that VICHARE EXPRESS will not be a party to any of the transactions that are initiated by you through the Platform and VICHARE EXPRESS shall not be liable in any manner or incur any liability with respect to the services performed by the RUNNERs, as the case may be. Further, You hereby agree and acknowledge that VICHARE EXPRESS shall not be liable for the conduct, acts and omissions of the RUNNER (including their employees and consultants) in the course of providing their services to you, or for any loss or damage to the service or otherwise caused to you as a consequence of or in relation to the services being provided to you by the RUNNER, as the case may be.

p.      You shall not initiate any transaction for any service on the Platform which is illegal, immoral, unethical, unlawful, unsafe, contains harmful substance and is in violation of this Terms of Use and applicable laws. You specifically agree that you shall not initiate any transaction on the Platform for delivery of any alcoholic beverages, narcotic drug or psychotropic substance, etc. Further, you hereby acknowledge and agree that VICHARE EXPRESS shall not be liable for any indirect, direct damage or loss, cost, expense incurred by you in relation to the transactions initiated by you on the Platform.

q.      VICHARE EXPRESS does not check or verify the packages that are being picked up and dropped off on behalf of you or the services that are being delivered to you by the RUNNER, and therefore VICHARE EXPRESS shall have no liability with respect to the same. However, if it comes to the knowledge of VICHARE EXPRESS that you have packaged any illegal or dangerous substance or availed the Pick-up and Drop-off Services using the Platform to deliver any illegal or dangerous substance, VICHARE EXPRESS shall have the right to report you to the government authorities and take other appropriate legal actions against you.

r.       You hereby acknowledge that VICHARE EXPRESS shall not be liable for any damages of any kind arising from your use of the VICHARE EXPRESS Services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

s.       VICHARE EXPRESS shall be entitled at any time without giving any reason terminates your request for any VICHARE EXPRESS Service and has the absolute right to revise the prices of any Fees without giving prior notice.

t.       You hereby agree that VICHARE EXPRESS shall not be liable for any conduct or misbehavior or actions of RUNNER with respect to any transactions initiated on the Platform. Further, you agree that VICHARE EXPRESS has no control over the services provided to you by the RUNNER and therefore, VICHARE EXPRESS shall not incur any liability with respect to such Services. However, keeping in mind the interests of the Users, we have informed our RUNNERs to ensure that Services are packaged properly to avoid any form of spillage or damage to the Service or any issues related to packaging. VICHARE EXPRESS does not conduct any checks on the Parcels/Goods, and it is the User’s responsibility to ensure that the Parcels/Goods are packed properly.

u.      You hereby agree that scheduling and rescheduling a transaction on the Platform depends upon the availability of RUNNERs around your area at the time of such scheduling and re-scheduling a transaction. Should you choose to reschedule a transaction on the Platform at a later point of time, you shall cancel the current transaction on the Platform (if initiated) and initiate a new transaction on the Platform, as per your convenient time.

v.      If a transaction initiated by you on the Platform cannot be completed, VICHARE EXPRESS shall notify you on the Platform.

w.     You agree to provide as much information as possible on the Platform with respect to the Services/services you wish to purchase/avail, using the Platform.

x.       VICHARE EXPRESS shall use your location based information that is captured by VICHARE EXPRESS through global positioning system when you are using your mobile device to request a VICHARE EXPRESS Service on its website/mobile app. Such location based information shall be used by VICHARE EXPRESS only to facilitate and improve the VICHARE EXPRESS Services being offered to you.

y.      We can’t fulfill any tasks/order which is immoral or unlawful in nature. VICHARE EXPRESS reserves the right to refuse to perform any task/order on the grounds of such tasks being immoral/unethical/unlawful/banned either by VICHARE EXPRESS’s internal policies or as per the independent discretion of VICHARE EXPRESS. VICHARE EXPRESS may also refuse to perform any task/order on the grounds that such task/order is prohibited under any contract to which we are party.

z.       VICHARE EXPRESS reserves the right to reject or cancel a User's Order Request at any time and for any reason or for no reason. VICHARE EXPRESS reserves the right to notify other Users of any actions that it, in the VICHARE EXPRESS's sole discretion deem serious, and which have led to the cancellation of a User's Order Request. If a User is so prevented from using the Services, the User may appeal for reinstatement. The appeal must include a written statement as to why the User should be reinstated along with the User's contact information. The appeal may be reviewed VICHARE EXPRESS's discretion and any determination as to a User's reinstatement will be at the VICHARE EXPRESS's sole discretion. A User's submission of an appeal does not, in any manner, guarantee that you will be reinstated or that the appeal will necessarily be reviewed. The VICHARE EXPRESS will contact the User as to its decision to reinstate you. The VICHARE EXPRESS is not obligated to give you any reasoning as to its decision. All decisions are final.

aa.    We do not warrant and accept no liability in connection with the availability of the services, the availability of courier and logistics services from the RUNNERs through the use of the services, the accuracy of the information or data provided as part of the services or the quality, suitability and timeliness of the services of the RUNNERs.

bb.   You agree and undertake that you shall abstain from sending high value item(s) whilst using the services through the Platform and if you use the services to send any high value item, it shall be at your own risk only and VICHARE EXPRESS shall not be held responsible for loss or any damage caused to such item(s). It is your sole responsibility to insure the items(s) to cover the risk of loss (Risk Coverage Fees) or damage to your item(s) during transit, VICHARE EXPRESS shall not be responsible for the same.

cc.    Sometimes, large items with a light overall weight can be charged according to the space they take up on the vehicle. In these cases, Volumetric Weight is used to calculate the cost for the order service. We charge the parcel comparing the actual weight and volume weight of a parcel after final packing. Either actual weight or volume weight (dimensional weight of your parcel, whichever is higher will be considered as chargeable weight and same will be consider for the booking.

dd.   The User can request that the Delivery of Parcels/Goods and collection may be made to or from a neighbouring address, only if they agree to take the delivery on receiver's behalf or an unmanned address by calling the RUNNER. The RUNNER shall not be liable for any claims that the Parcels/Goods were not delivered where the RUNNER has confirmed in real time that the Goods was delivered. The RUNNER may take a photograph of the Delivery of Parcels/Goods at an unmanned address as proof of delivery

 

3.    License of App:

Charges and Payment: It is free to use the App.

a.      We grant you a limited non-exclusive, non-transferable licence to download and install one copy of the VICHARE EXPRESS Delivery APP on your mobile device and to run such copy of the App solely for your own personal use.

b.      Your use of VICHARE EXPRESS grants you no rights in relation to our intellectual property rights (including, without limitation, copyright, trademarks, logos, graphics, photographs, animations, videos and text or rights in and to the App and applications) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use and receive the services in accordance with these terms.

c.       You must not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the services or the App in any way; (ii) modify or make derivative works based upon the services or App; (iii) create Internet links to the services or frame or mirror any App on any other server or wireless or Internet-based device; (iv) reverse engineer or access the App in order to (1) design or build a competitive product or service, (2) design or build a product using similar ideas, features, functions or graphics of the services or App, or (3) copy any ideas, features, functions or graphics of the services or App, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services or App. 

 

 

 

 

4.    Registration:

a.    Registration

         i.    You shall be permitted to access the Platform, avail the VICHARE EXPRESS Services and connect with RUNNERs on the Platform upon creating an Account (as defined below) and obtaining a registration on the Platform. Your ability to continue using the Platform, VICHARE EXPRESS Services is subject to your continued registration on the Platform. An electronic contract of an undefined duration, relating to the license to use the Website and Applications, is entered into between the Service Seeker and the VICHARE EXPRESS upon acceptance of these Terms of Use by the Service Seeker. You will be required to enter your personal information including your name, address, contact details, valid contact number, age while registering on the Platform.

        ii.    As a part of the registration, you may be required to undertake a verification process to verify your personal information and setting up the Account. Each registration is for a single individual user only.

       iii.    VICHARE EXPRESS, acting as agent, puts Users in contact with the RUNNER, acting as Principle, by giving them access to the VICHARE EXPRESS’s Site and Applications in order to undertake a Delivery of Parcels/Goods under the Terms of Use. VICHARE EXPRESS is acting only as an intermediary between you and the RUNNER. The Delivery of Parcels/Goods is subject to an electronic contract between the User and the RUNNER, which is formed via the Site and Applications, under these Terms of Use.

       iv.    VICHARE EXPRESS shall have the right to display the information, feedback, ratings, reviews etc. provided by you on the Platform. You agree and accept that as on the date of your registration on the Platform, the information provided by you is complete, accurate and up-to-date. In the event of any change to such information, you shall be required to promptly inform VICHARE EXPRESS of the same, in writing, at least 7 (seven) days prior to the date on which such change shall take effect. You acknowledge and accept that VICHARE EXPRESS has not independently verified the information provided by you. VICHARE EXPRESS shall in no way be responsible or liable for the accuracy or completeness of any information provided by you. If you provide any information that is untrue, inaccurate, not current or incomplete, or VICHARE EXPRESS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, VICHARE EXPRESS reserves the right to suspend or terminate your Account and refuse any and all current or future use of the Platform (or any portion thereof) at any time.

 

b.    Electronic Communication:

         i.    You agree to keep yourself updated with all data, information and communication pertaining to you made available on the Website by the VICHARE EXPRESS. You further agree that your use of the Website or provision of any data or information including any correspondence (by email or otherwise) to or by the VICHARE EXPRESS is through electronic records and you give consent to receive communication from the VICHARE EXPRESS via electronic records which will be deemed adequate service of notice/electronic record.

        ii.    You hereby consent to receive communications by SMS, emails or calls from VICHARE EXPRESS or its affiliates or its partners with regard to the services provided by VICHARE EXPRESS or as facilitated by the RUNNER. You also give permission to the VICHARE EXPRESS to store details and records of your usage of the Website indefinitely. However, this does not constitute any obligation on the part of the VICHARE EXPRESS or the Website to do so.

 

c.    Technical requirements

         i.    User may only register with VICHARE EXPRESS, if you have the necessary technical requirements at your disposal. Technical requirements are PC/Tablet/Mobile and internet connection. You are responsible for each mobile/tablet/computer you use to access the Application, including maintaining properly running compatible updated software, a suitable internet connection, and an appropriate firewall and virus scanning software. VICHARE EXPRESS will not be liable for your failure to update or use the Application in the appropriate manner. The availability and the proper functioning of these technical requirements are the sole responsibility of the User.

        ii.    The user agrees and acknowledges that VICHARE EXPRESS shall never be held responsible for any problems that may arise during the course of the services delivering due to the internet malfunction/connectivity issues and when the Website/Delivery APP is closed for maintenance/updating with or without prior notice. Website/Delivery APP access is not possible during maintenance periods. Users may be informed about maintenance periods wherever possible.

       iii.    You shall be responsible for keeping backup versions of the information and data provided by you. You hereby agree that you will not expect the Website/Delivery APP to restore or keep back up of your information and data and not hold the Website/Delivery APP or the VICHARE EXPRESS accountable for any loss of data in any circumstances.

d.    How to use

The instructions “How to use” VICHARE EXPRESS Services will be available on the homepage of the website. All users are to ensure that they read and adhere to these instructions for accessing VICHARE EXPRESS. The user agrees that VICHARE EXPRESS shall not be held responsible in event of any occurrence due to the non-adherence of these instructions which prevents the User from using the website/VICHARE EXPRESS Delivery APP as designed or due to any reasons over which VICHARE EXPRESS have no control.

Access to the Platform, Accuracy and security

                 i.    We endeavour to make the services available during RUNNER working hours. However, we do not represent that access to the Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.

                ii.    We do not warrant that the Platform will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Platform or your obtaining any material from, or as a result of using, the Platform. We shall also not be liable for the actions of third parties.

               iii.    We do not represent or warranty that the information available on the Platform will be correct, accurate or otherwise reliable.

               iv.    We reserve the right to suspend or withdraw access to the Platform to you personally, or to all users temporarily or permanently at any time without notice. We may any time at our sole discretion reinstate suspended Users. A suspended User may not register or attempt to register with us or use the Platform in any manner, whatsoever until such time that such User is reinstated by us.

 

5.    User Information:

 

a.      You are solely responsible for and in control of the information you provide to us. Compilation of User Accounts and User Account bearing contact number and e-mail addresses are owned by VICHARE EXPRESS. Further, you understand and agree that certain information will be case sensitive and must be handled with a prudent care.

b.      In the case where the Platform is unable to establish unique identity of the User against a valid mobile number or e-mail address, the Account shall be indefinitely suspended. VICHARE EXPRESS reserves the full discretion to suspend a User's Account in the above event and does not have the liability to share any Account information whatsoever.

c.       Location: You acknowledge and agree that your geo-location information is required for you to avail the VICHARE EXPRESS Services and initiate transactions on the Platform. You acknowledge and hereby consent to the monitoring and tracking of your geo-location information. In addition, VICHARE EXPRESS may share your geo-location information with RUNNERs (as the case maybe).

 

6.    Service Fees & Invoicing, Additional Fees:

a.    Service Fees & Invoicing:

         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, where prior to processing your request, we will inform you about the Delivery Services Fee payable.

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

       iv.    You agree to make payment in full directly to any RUNNER by cash or through VICHARE EXPRESS online, introduced to you through VICHARE EXPRESS for any services provided by such RUNNER to you.

        v.    RUNNER hereby absolutely, unconditionally and irrevocably authorizes VICHARE EXPRESS to determine the amounts chargeable by the RUNNER as Delivery Services Fee 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.

       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 Dropoff 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.    We do not issue any physical copies of the invoices for rendering services by RUNNER; however, you will always be able to view the e-copy of your invoices on your Web/Mobile Application and upon your request on the Application, a copy of the invoice will be delivered to your registered e-mail address after successful completion of our services.

       ix.    Taxes:

1)    You acknowledge and agree that you are required to: (a) pay via VICHARE EXPRESS’s online portal or cash on pick-up/delivery to RUNNER, the Delivery Services Fee with all relevant taxes added. You further acknowledge and agree that the Delivery Services Fee you will pay for RUNNER Services will have all the taxes added in it, and VICHARE EXPRESS takes no responsibility of paying taxes, as VICHARE EXPRESS only gets his Services & Platform fee/commission per transactions from the all Fees received by RUNNER. Notwithstanding anything to the contrary in this Agreement, RUNNER may in its reasonable discretion based on applicable tax and regulatory considerations, collect and remit taxes resulting from your use of RUNNER services and/or provide any of the relevant tax information to you of the applicable governmental tax authorities on your behalf.

2)    You are responsible to comply with the applicable tax regulations for the transactions completed using VICHARE EXPRESS Services including, but not limited to, compliance with Goods and Services Tax, withholding taxes, if any. You agree and acknowledge that any settlement amount to be paid by Service Seeker for Pick-up and Dropoff Services shall not be subject to deduction of Goods and Services Tax or withholding taxes. Such settlement is merely a pass through amount for the RUNNER. Any obligation for deduction of Goods & Services tax or withholding taxes shall be between you and RUNNER. VICHARE EXPRESS shall make available the details of Pick-up and Dropoff Services to you to enable you to comply with your tax obligations.

3)    You further agree and acknowledge that VICHARE EXPRESS shall not be held responsible / liable for any compliance or non-compliance of applicable tax laws by you or the RUNNER.

 

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. This information is made available to you prior to placing the User's order, if possible.

                     i.        Return to Origin (RTO):

1)    We will attempt the delivery of the Parcels/Goods to the Dropoff point, and if such 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 we 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 within a period of 15 (fifteen) days, such Parcels/Goods will be deemed as unclaimed, and we have the right to sell such Parcels/Goods without any further notice to the User, Recipient or the Service Seeker. We will retain a sum equal to the unpaid Delivery Services Fee towards the delivery, charges for storage of Parcels/Goods, and any Inconvenience Fee as may be applicable, in the event, we proceed to sell the Goods after such period of 15 (fifteen) days.

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, you will receive a notification either through App and/ SMS and/ or a phone call (“Non-acceptance Message”). On receipt of Non-acceptance Message, it shall be your responsibility to take re-delivery of the item(s) at your location on payment of additional cost (equal to Delivery Services Fees). In the event you 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 you, you hereby authorize VICHARE EXPRESS and/the RUNNER 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) in your favor. In the event you fail to act in the matter and take re-delivery of the item(s) from the RUNNER, within the reasonable time especially in case perishable goods or goods with limited shelf life, you hereby waive all your claims to such item(s) and declare that VICHARE EXPRESS or the RUNNER shall not be liable for any loss or damage caused or suffered, to the item(s), whether directly or indirectly.

 

                    ii.        Risk Coverage Fees :

1)    It is a provision from VICHARE EXPRESS for the benefit of the Service Seeker 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 Service Seeker should place orders with value more than Rs.10,000/- (Rupees Ten Thousand Only).

 

7.    Billing Mandate & Payment Terms:

 

a.    Billing Mandate :

                 i.    The VICHARE EXPRESS puts Users in contact with the RUNNER by giving them access to the VICHARE EXPRESS’s Website and/or Applications. The RUNNER, acting as principal, confers on the VICHARE EXPRESS, acting as agent, with respect for the applicable economic and tax rules, the task of preparing and issuing the RUNNER's invoices. The Price due from the User to the RUNNER for the Delivery of Parcels/Goods shall be paid directly to the RUNNER's account. Receipt is issued to the User when the Payment is successful. However, in the event that the Payment is not cleared by the bank, the receipt will be considered void. Purpose of the billing mandate The RUNNER expressly authorizes and instructs the VICHARE EXPRESS, which hereby accepts, to prepare in his name and on his behalf original invoices (initial and/or corrective) relating to the Deliveries of Parcels/Goods to the Users, in compliance with all applicable legislation. The VICHARE EXPRESS shall be responsible for sending the said invoices to the Users. Duration of the agreement, This billing mandate, which takes effect upon acceptance of the Terms of Use, is entered into for an undefined duration. It may be terminated at any time by the VICHARE EXPRESS and the RUNNER, without particular reason, by registered letter with acknowledgement of receipt. The revocation shall take effect upon receipt of this registered letter or email, obligations of the VICHARE EXPRESS.

 

                ii.    The VICHARE EXPRESS, acting as agent, shall prepare the invoices for Deliveries of Parcels/Goods in compliance with the information given by the RUNNER, in the name and on behalf of the principle, the RUNNER. The VICHARE EXPRESS shall ensure that the original invoices it issues in the name and on behalf of the RUNNER are in the same form as if they had been issued by the RUNNER himself, particularly in relation to the mandatory details required by the applicable legislation. The VICHARE EXPRESS shall also ensure that the original invoices it issues bear the wording “Invoice prepared by [the VICHARE EXPRESS] in the name and on behalf of [name of RUNNER]”. Obligations of the RUNNER. The RUNNER retains full liability for his legal and tax obligations in matters of billing for the original invoices issued in his name and on his behalf by the VICHARE EXPRESS pursuant to these Terms of Use, particularly in relation to his GST obligations. The VICHARE EXPRESS shall not be liable for breaches of the RUNNER’s tax obligations, and shall have no joint and several liabilities for payment of any GST, penalties or fines owed by the RUNNER.  The RUNNER shall be responsible for all of his tax and GST obligations. Dispute over invoices issued on behalf of the RUNNER, that Parties agree that the invoices issued within the framework of these Terms of Use, do not need to be formally authenticated by the RUNNER. The RUNNER shall have a period of fifteen days from its date of issue to contest the content of the invoice issued in his name and on his behalf by the VICHARE EXPRESS. In the absence of dispute within this period, the RUNNER shall be deemed to have accepted the invoice issued in his name and on his behalf. In the event of dispute, the VICHARE EXPRESS shall issue a corrective invoice. The Price due from the User to the RUNNER for the Delivery of Parcels/Goods shall be paid directly to the RUNNER's account.

b.    Payment Terms :

                 i.    Service Seekers acknowledge and agree that VICHARE EXPRESS acts as the Merchant's and RUNNER’s payment agent for the limited purpose of merely accepting payments from Service Seeker on behalf of the RUNNER, as the case may be. Upon your payment of amounts to us, which are due to the RUNNER, your payment obligation to RUNNER for such amounts is completed, and we are responsible for remitting such amounts to RUNNER.

                ii.    RUNNERs who uses the app to accept delivery jobs and perform deliveries, authorizes VICHARE EXPRESS to collect payment on their behalf. While initiating a request for a Pick-Up and Dropoff service, you shall pay the Delivery Services Fees for availing the Pick-Up and Dropoff service, as may be displayed to you on the Platform at the time of raising such request/placing the order. Only upon making such payment, will the RUNNER initiate the Pick-Up and Drop-off Service. VICHARE EXPRESS will facilitate the collection and disbursement of Delivery Services Fee for the RUNNER in compliance with applicable laws. VICHARE EXPRESS shall issue a statement of transactions on behalf of the RUNNER from time to time.

               iii.    All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by RUNNER. VICHARE EXPRESS holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the RUNNER.

               iv.    Service Seeker agrees to pay for the total amount for the Order placed on the Platform. VICHARE EXPRESS will collect the total amount in accordance with these Terms of Use and the pricing terms set forth in the applicable listing of services from the Delivery Services Fees for services. At the time of pick-up our RUNNER will physically verify the order mentioned detail. If there is no discrepancy, no additional Fees/charges are levied over and above that. But if any discrepancy, he will charged you extra.  

                v.    You will be required to pay upfront for the Services through integrated payment platforms connected to the Platform. VICHARE EXPRESS offers its user to pay the RUNNER either through online using net-banking/ debit card or by cash. For online payment, Service Seeker shall be required to provide credit or debit card details to the approved payment gateways while making the payment on the Platform. In this regard, Service Seeker agrees to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. Service Seeker shall not use the credit/ debit card which is not lawfully owned by Service Seeker, i.e. in any transaction, Service Seeker must use his/her own credit/ debit card. The information provided by the Service Seeker will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. Service Seeker shall be solely responsible for the security and confidentiality of his/her credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card. VICHARE EXPRESS shall not be liable for any credit card fraud. The liability to use a card fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on User.

               vi.    In case any payments are due and payable by you after the completion of services ( payment at delivery location), for any reason whatsoever, you will be required to clear the payment towards such Delivery Services Fee immediately.

             vii.    You agree that VICHARE EXPRESS may use certain third-party vendors and service providers, including payment gateways, to process the payments made by you on the Platform. If the money gets deducted from the user account and the payment is not reflected in the application, you are requested to mail us at vichareondemand@gmail.com. Your payment will be reflected within 48 hours, if the transaction is successful at the payment gateway partners. If your payment status is not updated in the given time frame, please contact the bank for further enquiries. VICHARE EXPRESS does not take responsibility on such cases and payment will reflect in your bank account as per Bank's TAT.   

            viii.    The VICHARE EXPRESS neither makes any representations nor makes any warranties regarding the amount of time needed to complete processing, including delays in the online payment system and nor shall the VICHARE EXPRESS be liable for any actual or consequential damages arising from any claim of delay or any payment process related errors or delays.

               ix.    Payment collected on behalf will be settled to the RUNNERs every 15 Days. RUNNERs who uses the app agrees to pay services & platform fee to VICHARE EXPRESS on all Fees received from offered services.  

                x.    We discourage any tips or reward to any of our RUNNER, however if any user is doing so is completely based on their own will and decision.

8.    Review & Rating

 

a.      As part of the services, the Web/APP provides the Service Seekers with the opportunity to review and rate the RUNNERs, whom they have engaged previously. The reviews and ratings will be listed on the respective RUNNER profile for view by Service Seekers and recipients of goods.

                     i.    You agree that: (i) after completion of a transaction on the Platform, the Platform will prompt the User with an option to provide a rating and comments about the RUNNER (with respect to the services performed by the RUNNER).

                    ii.    VICHARE EXPRESS and its affiliates reserve the right to use, share and display such ratings and comments in any manner in connection with the business of VICHARE EXPRESS and its affiliates without attribution to or approval of Users and you hereby consent to the same. VICHARE EXPRESS and its affiliates reserve the right to edit or remove comments 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, other applicable laws or VICHARE EXPRESS’s or its affiliates’ content policies.

b.      The Service Seekers may rate the RUNNERs on a three-point scale: Very Good, Good, Ok, Neutral or Bad. The rating for a RUNNER will then be calculated as an aggregate of all ratings provided by the Service Seekers.

c.       VICHARE EXPRESS will use commercially reasonable endeavors to moderate the content of and to manage any dispute regarding the Review and Rating System. However, VICHARE EXPRESS can’t assume any responsibility or liability of any kind for any content or any use or reliance of such content in the Review and Rating System. Any use or reliance of such content is solely at your own risk. In addition, the Review and Rating System does not constitute a guarantee, warranty, or prediction regarding the RUNNER or the outcome of any delivery.

PART B - SPECIFIC TERMS FOR VICHARE EXPRESS SERVICES

1.     RUNNER Information

a.      VICHARE EXPRESS performs the background verification and service quality checks of RUNNER to ensure the safety and security of Users. This attempt is a sincere effort to ensure the best and effective service to our users. VICHARE EXPRESS does not take full responsibility suitability, reliability, timeliness, or accuracy of the services provided. RUNNER will be solely responsible for the services delivered; VICHARE EXPRESS in coordination with RUNNER will ensure that further support is offered within specific timeframes.

b.      VICHARE EXPRESS strongly discourages any direct contact with RUNNER or any service requested directly by the User with the RUNNER, as in such cases has no control or takes no responsibility on whatsoever situation or condition. RUNNER is solely responsible/liable for damages caused during service delivery, in such events user is requested to first contact the customer support team and then may lodge a complaint against the RUNNER, if the damage is not resolved with mutual understanding.

c.       User is requested to report/inform VICHARE EXPRESS immediately for any misconduct or unsatisfied behavior of any of our RUNNER, so that we can take necessary action in order to resolve incidents and prevent the occurrence of such incidence in future. However, if the misconduct is falling in the category of breach of law, then the user may deal with that, as per the applicable laws directly with the RUNNER and VICHARE EXPRESS will not be responsible in such case. Also, if the RUNNER involves in any criminal activities during the service delivery or at any stage of service cycle the User, at its own will can take direct action under the laws and also keep us informed on full details of the same. VICHARE EXPRESS will not be party to any such action.

 

2.     Cancellation & Refund:

 

a.    Cancellation :

For cancellation Service Seeker can use cancellation options in the app or directly from the dashboard of the registered Service Seeker account on web portal of the VICHARE EXPRESS. The Service Seeker can cancel the order at any time before the order has been initiated or completed by the RUNNER.

                     i.    VICHARE EXPRESS shall confirm and initiate the execution of the transaction initiated by you upon receiving confirmation from you for the same. If you wish to cancel a transaction on the Platform, you shall select the cancel option on the Platform. It is to be noted that you may have to pay a Cancellation Fee for transactions initiated on the Platform for which work has already been commenced by the RUNNER, as the case may be. With respect to work commenced by RUNNER the Cancellation Fee will be charged to you, which will be in accordance with the Cancellation and Refund policies of VICHARE EXPRESS.

Order Placed – but RUNNER not assigned: Yes, in this scenario you can cancel the order at no additional cost i.e. Refund of 90% of Delivery Services Fee, if

Order Placed – RUNNER has been assigned to your order: You can cancel the order, we will be charged you Cancellation Fee .i.e. Rs.40 /- per transaction will be deducted from the Delivery Services Fees and balance will be refunded.

Order Placed & picked for delivery and in transit: You can stop order delivery, we will be charged you Cancellation Fee i.e. 100% Delivery Services Fee, No refund. You may inform RUNNER as soon as possible and Additional same Delivery Services Fee are applicable for this order as a Return to Origin Fees (equal to Delivery Services Fee).

                    ii.    VICHARE EXPRESS may cancel the transaction initiated by you on the Platform, if:

1)    in the event of the Pick-Up Point or Dropoff Point following outside the service zone offered by us;

2)    failure to get your response via phone or any other communication channel at the time of confirmation of the order booking;

3)    if a RUNNER is not available to perform the services, as may be requested or by any issue beyond our control such as force majeure events;

Refund of 100% of Delivery Services Fee

                   iii.    RUNNER may cancel the transaction initiated by you on the Platform, if:

1)    If the Parcels/Goods differ from the description given in the Order Request;

2)    If the Parcels/Goods present dimensions greater than those set out in the Order Request;

3)    If the Parcels/Goods have no packaging or are insufficiently packaged or not labeled correctly;

4)    The transaction involves supply/delivery of any material good that is illegal, prohibited, offensive or violative of the Terms of Use.

5)    if VICHARE EXPRESS RUNNER has to wait for over 15 minutes for you or your Service Seeker and/or Receiver to complete the pick-up or drop for any reason including the RUNNER’s inability to contact you on the telephone numbers provided or your Service Seeker and/or Receiver;

The cancellation by the RUNNER of the Delivery of Goods for the aforementioned reasons must be considered as Cancellation by the User and we will be charged you Cancellation Fee .i.e.Rs.40/- .

And in case, RUNNER may cancel the transaction initiated by you on the Platform, if.

1)    inability to proceed/complete the order due to lack of information, direction or authorization from you;

2)    inability to complete the order/task due to reasons beyond our control such as force majeure events.

The cancellation by the RUNNER of the Delivery of Goods for the aforementioned reasons must be considered as Cancellation by the User and the full price shall be billed to the User, means No Refund to the Service Seeker.

b.    Refund :

You shall only be able to claim refunds of Delivery Services Fee for transactions initiated by you, only if you have already pre-paid the Delivery Services Fees with respect to such transaction. Subject to relevant refund policy and in accordance therein, you shall be eligible to get the refund in the following circumstances:

                     i.    Your package has been tampered or damaged at the time of delivery, as determined by VICHARE EXPRESS basis the parameters established by VICHARE EXPRESS in its sole discretion.

                    ii.    If the wrong service has been delivered to you, which does not match with the service for which you had initiated a transaction on the Platform.

                   iii.    VICHARE EXPRESS has cancelled the order because of any reason mentioned under PART-B–(2-a-ii) above.

                   iv.    Due to lapse of RUNNER, concerned order will be delivered on Next Day.

                    v.    All decisions with respect to refunds will be at the sole discretion of VICHARE EXPRESS and in accordance with VICHARE EXPRESS’s internal refund policy (Refund Matrix) and the same shall be final and binding. All refunds initiated by VICHARE EXPRESS shall be refunded to the financial source account from which, you have initiated the transaction on the Platform.

c.    How to get a Refund :

                     i.    User can send a mail to vichareondemand@gmail.com within 2 days from the day of order with subject line “Order ID. Reference # Complaint Category” or raise a complaint against specific order directly from ‘Order History’ page in the web/mobile application. User will receive the final status of the claim within 7 (Seven) working days via mail. If the refund request is approved by VICHARE EXPRESS grievance Redressal Officer, refund amount will be credited to Service Seeker within 15 (Fifteen) Days (excluding holidays).

                    ii.    VICHARE EXPRESS reserves the right to approve or decline a refund request; refund claim will be processed by gathering information about order delivery from service provider. The status of the claim will be shared along with reason for approval/decline with Service Seeker via registered email id.

                   iii.    For Cancellations with help of Customer Support Executive, please contact us via chat on the website. Our specialist will attend your requests in working hours within availability waiting period regulated by Customer Support instructions.

                   iv.    For any disputes or questions, you can place requests on email to vichareondemand@gmail.com and our investigation team will see each case in order within 2 working days. Written conclusion in form of response on email will be given on every request within 7 Days.

3.     Specific Terms of On-Demand Same Day Delivery Services 

a.    Pick-Up and Drop-off Services

The “VICHARE EXPRESS Web/Delivery APP” will be made available to you to access on-demand logistic services by RUNNERs. For the sake of clarity, neither VICHARE EXPRESS nor its affiliates provide any delivery or logistics services, but VICHARE EXPRESS provides a platform for outlets like yours to connect with RUNNERs for delivery services. “RUNNER” is defined as an independent contractor who intends to provide on demand delivery services using VICHARE EXPRESS’s proprietary technology platform under license from VICHARE EXPRESS or one of its affiliates. VICHARE EXPRESS will not have any obligation to deliver the Service(s) as a platform provider. 

                     i.    As agreed by you in the Terms of Use, VICHARE EXPRESS enables a registered user of the VICHARE EXPRESS Delivery APP to connect with independent service providers (“RUNNER”), to fulfill Services raised by such user. Such Services could include, Services to pick-up and Drop-off services from one location (“Pick-Up Location”) and to drop to another location (“Drop Location”) (such Pick-up and Dropoff Services, “Pick-up/Drop-off Service”).

                    ii.    You understand and agree that the Pick-up and Dropoff service is provided to you by the RUNNER directly. VICHARE EXPRESS merely acts as a technology platform to facilitate such services raised by you, and VICHARE EXPRESS does not assume any responsibility or liability for any deficiency in the service on part of the RUNNER.

                   iii.    Upon initiation of a request for Pick-Up and DropOff Services on the Platform, depending upon the availability of RUNNER around your area, VICHARE EXPRESS will assign a RUNNER to you. The RUNNER shall Pick-up the Service from a location designated by you on the Platform and Dropoff the Services at a particular location designated by you. While performing the Pick-Up and Dropoff Services, the RUNNER shall act as an agent of you and shall act in accordance with your instructions. You agree and acknowledge that the Pick-up location and the Dropoff location have been added by you voluntarily and such information will be used for the VICHARE EXPRESS Services and shall be handled by VICHARE EXPRESS in accordance with the terms of its Privacy Policy.

                   iv.    You agree that if the RUNNER Picks-up certain service(s) from a Pick-Up Location on your behalf, the RUNNER does so, on your sole instructions under the service raised by you.

                    v.    You agree that any quoted Pick-up or journey times on the Platform are best estimates only and we shall have no liability if a Pick-up or journey time exceeds any estimate given or otherwise exceeds your expectations for whatever reason nor shall we have any other liability to you in connection with the time at which you and/or the Parcels/goods to be delivered by the RUNNERs reach or fail to reach the destination.

                   vi.    You agree that your location data is collected in accordance with VICHARE EXPRESS’s Privacy Policy.

                 vii.    You agree that you shall not request for a Pick-up/Drop-off Service on the VICHARE EXPRESS Delivery APP, for service(s) which are illegal, hazardous, dangerous, or otherwise restricted or constitute services which are prohibited by any statute or law or regulation or the provisions of this Terms of Use.

                viii.    You also agree that you shall not request for dispatch of service(s) which requires a special transportation permit or require any special license under applicable law.

                   ix.    You are also aware that the RUNNER may choose to not deliver service(s) for any reason whatsoever.

                    x.    VICHARE EXPRESS and the RUNNER shall have the right to deny performance of service(s) where it is not possible for the RUNNER to transfer the item(s) from the Pick-up location to the Drop-off location due to the big volume of the item(s).

                   xi.    You also agree that, upon becoming aware of the commission any offence or your intention to commit any offence upon initiating or during a Pick-up/Drop-off service of any service(s) stipulated in Terms or otherwise restricted under applicable law, the RUNNER may report such information to the law enforcement authorities.

                  xii.    You agree that before initiating a Pick-up/Drop-off service on the VICHARE EXPRESS Platform, you are well aware of the contents of the package sent or requested by you, and that such contents are legal and within limits of transportation under any applicable law. Such contents shall not be restricted and/or banned and/or dangerous and/or prohibited for carriage.  If you are unsure whether the goods you wish to transport are considered Prohibited/Restricted Goods, you should contact VICHARE EXPRESS. Please refer list of prohibited items. Annexure – A. If VICHARE EXPRESS and/or the RUNNER believe on reasonable grounds that the parcels/goods you wish to deliver consists of or contains Restricted Goods, then:

1)    VICHARE EXPRESS and/or the RUNNER are not obliged to deliver the parcels/goods to the intended recipient or return the parcels/goods to you;

2)    You will be liable to pay a Cancellation Fee or a Return Fee (Return To Origin  Fees) (if applicable) to return the parcels/goods from the recipient to you, (as specified in each Additional Terms);

3)    VICHARE EXPRESS and/or the RUNNER may deal with the Parcels/Goods in accordance with any applicable laws, which may include rendering safe, destroying the Parcels/Goods or delivering the Parcels/Goods to the police, defence or emergency services. If VICHARE EXPRESS and/or the RUNNER does so on reasonable grounds and in accordance with the law, then VICHARE EXPRESS and/or the RUNNER shall not be liable to reimburse you in full or in part for the Parcels/Goods so dealt with. In addition, any costs incurred by VICHARE EXPRESS and/or the RUNNER in relation to rendering safe or destroying the parcels/goods pursuant to this clause shall be recoverable from you.

 

b.    Perishable Goods

                     i.    Where the Parcels/Goods to be delivered are perishable, you must ensure that they are properly packed for carriage and delivery.

                    ii.    Where the perishable Parcels/Goods are not delivered to the intended recipient due to the Service Seeker's failure to nominate a correct delivery address or to arrange for the collection of the perishable Parcels/Goods at the nominated address, then:

1)    VICHARE EXPRESS will notify you of the delivery issue and you must provide instructions to VICHARE EXPRESS and/or the RUNNER within 48 hours;

2)    VICHARE EXPRESS and/or the RUNNER may hold onto the perishable Parcels/Goods, and if they do, they shall not be obliged to hold onto the perishable Parcels/Goods for more than 48 hours; and

3)    if VICHARE EXPRESS and/or the RUNNER do not receive any instructions from you within 24 hours from request, then VICHARE EXPRESS and/or the RUNNER have the right to dispose the perishable Parcels/Goods and you consent to such disposal.

 

c.    Delivery Issues:

                     i.    To prevent any delivery issues from arising, you must ensure that:

1)    all delivery information (such as recipient's address, name and contact details) provided to VICHARE EXPRESS is accurate and complete; and

2)    all delivery orders (including any delivery instructions) are given to the particular RUNNER assigned to you for a particular delivery order.

                    ii.    If the delivery information provided to VICHARE EXPRESS is not accurate or if the delivery order is given to a RUNNER that is not assigned for that particular order, VICHARE EXPRESS and/or the RUNNER shall not be liable for any additional costs and expenses that may be incurred in relation to the delivery (and if applicable, re-delivery) of the Parcels/Goods.

                   iii.    You must ensure that the Parcels/Goods to be delivered are packaged to withstand handling, transport and storage. The RUNNER may refuse to deliver the Parcels/Goods, if they deem that the Parcels/Goods are packaged in a way that there is a risk of the Parcels/Goods being damaged during the delivery process. If so, the Delivery Services Fee will not be refundable and in addition you will be liable for any additional costs and expenses (such as Cancellation Fee) that may be incurred in relation to the delivery Parcels/Goods.

                   iv.    In addition, you must ensure that the sizes of the delivery Parcels/Goods to be handed over to the RUNNER match the description of the sizes as specified by you when placing the delivery requests. The RUNNER may refuse to deliver the Parcels/Goods, if the sizes of the delivery goods do not match your description. If so, the Delivery Services Fee will not be refundable and in addition you will be liable for any additional costs and expenses (such as Cancellation Fee) that may be incurred in relation to the delivery goods.

                    v.    Where you have provided your contact details and/or the recipient's contact details, you authorise VICHARE EXPRESS to disclose your contact details and/or the recipient's contact details to the RUNNER for the sole purpose of contacting you and/or the recipient to seek further instructions or assistance in the event of any delivery issues. Where the RUNNER are not able to contact you and the recipient, to prevent the loss of the delivery Parcels/Goods, you authorise the RUNNER to return the delivery Parcels/Goods to you and you will be liable for any additional costs and expenses that may be incurred in relation to the delivery (and if applicable, re-delivery) of the Parcels/Goods.

                   vi.    Where you have provided for an authority to leave the Parcels/Goods at the location nominated by you, VICHARE EXPRESS and/or the RUNNER shall be allowed do so without incurring any liability, except to the extent where VICHARE EXPRESS and/or the RUNNER have acted negligently or wrongfully.

                 vii.    In the event, during transit of your item(s) from Pick-up location to Drop-off location or while undertaking services, if police or other law enforcement agencies demand for display of the item(s) for verification, the RUNNER shall have the right to display the item(s) to such authorities. 

                viii.    You represent and warrant that:

1)    you alone own the goods or if there are other owners, you at as their agent and they agree to the General Terms and Additional Terms (as applicable);

2)    you have complied with all laws in connection with the Parcels/Goods to ensure that they can be lawfully handled, transported and stored;

3)    you have not asked us to handle, transport or store the Parcels/Goods in any way that may be unlawful; and

                   ix.    You give us authority to:

1)     use any method for handling, transporting or storing the Parcels/Goods. VICHARE EXPRESS will give priority to any instructions given by you, but if such instructions cannot be followed you authorise VICHARE EXPRESS to use another method;

2)     deviate from any usual route of transport or place of storage; In the event where there is a dispute or disagreement regarding the estimated distance required to be travelled, all relevant parties agree that the estimated distance that will apply to the relevant transaction is the distance as estimated by Google Map.

 

4.     Tracking

a.      VICHARE EXPRESS shall provide updates on the status of delivery via SMS/Email/Application notification. Additionally the Sender/Recipient may be able to track the movement of your order through the live-tracking facility available on the Application or otherwise through services provided to VICHARE EXPRESS by third-parties. Though live-tracking may be reliable, it is also prone to inaccuracies due to network issues.

b.      You acknowledge and accept that the location tracking feature is not error-free and the information provided by it may not be accurate.  Your use of the location tracking feature is solely at your own risk and we accept no responsibility or liability in connection with any such use of and/or reliance on such location tracking information by you.

c.       As part of the provision of the services, you are given the opportunity to use the Application to track the location and the delivery of the Parcels/Goods. You must only use the GPS location service for the sole purpose of tracking the delivery of the Parcels/Goods and you must not use it for any other purposes. Further, by agreeing to the Terms, you acknowledge and understand that VICHARE EXPRESS uses Google Maps and Google Earth as a third party service provided. Accordingly, by agreeing to these Terms or by receiving the Services, you are bound by the Google Maps / Google Earth Additional Terms of Service (https://maps.google.com/help/terms_maps.html) (including the Google Privacy Policy (https://www.google.com/intl/ALL/policies/privacy/index.htmI).

 

5.     Damaged/Lost of Parcels/Goods

a.      Delivery of all delicate items including Cakes, Flowers, Fragile and Perishable items is done only through shared/direct Cab/Auto Rickshaw or private vehicle at extra cost, as advised by Service Seeker, and extra charges are to be borne by Service Seeker. Delivery Service Fees will be applicable over and above extra charges. Please note, We won’t be responsible for any damage caused to the fragile/perishable item, if it is carried by public transport.

b.      Upon Delivery of Parcels/Goods, the User shall, unless otherwise agreed in advance, sign (or ensure that the Recipient signs) for the Parcels/Goods, indicating to the RUNNER that the Parcels/Goods are undamaged.

c.       In the event of loss or damage to the Parcels/Goods, the Recipient must refuse to sign or accept for the Delivery of Parcels/Goods and explain the reasons to the RUNNER. The User shall also notify the VICHARE EXPRESS of any loss or damage to the Parcels/Goods separately in writing vichareondemand@gmail.com within ONE day of Delivery of Goods.

d.      In the absence of detailed reservations recorded by the Recipient at the time of the Delivery of Parcels/Goods, it shall be the User's responsibility to prove that the damage took place during the Delivery of Goods by the RUNNER, and to establish that the damage was caused during the Delivery of Goods by the RUNNER.

e.      Once the RUNNER has left following Delivery of Goods, all enquiries relating to loss or damage to the Parcels/Goods should be directed through the VICHARE EXPRESS as agent for the RUNNER.

f.       Any additional information requested to substantiate a claim for loss or damage of Parcels/Goods must be made available within 15 (Fifteen) days of request. If the information requested is not received within this timescale, the RUNNER reserves the right to close the claim. The User can send an email to submit a damage/loss claim to vichareondemand@gmail.com.

g.      To proceed with a claim, the User will need to have proof that the RUNNER has taken the Goods from the Service Seeker. In addition, in the event of a claim, a copy of the receipt for the Parcels/Goods will be required to prove the value of the Goods, together with serial numbers and IMEI numbers for electrical items.

h.      The damaged Parcels/Goods together with all packaging should be kept until the claim is concluded as photographs or inspection of the Parcels/Goods may be necessary.

i.        If a claim is made that the Parcels/Goods have been damaged, all packaging should be kept for inspection by the RUNNER. The item must also be available for inspection in the state it was delivered, at the Delivery Address. Further journeys could cause further damage, making it difficult to assess the original damage. The RUNNER may also ask for photographs of the internal and external packaging as well as the damaged item to process the claim.

j.        If the User makes a claim relating to damaged Parcels/Goods, the RUNNER may also ask for an estimate of repair costs for the Parcels/Goods supplied by a specialist. If the Parcels/Goods cannot be repaired, then the RUNNER would need this in writing from the specialist.

k.      A claim relating to lost Parcels/Goods can only be processed once the RUNNER has concluded its searches for the Parcels/Goods within a reasonable timescale.

l.        Any amounts payable in relation to lost or damaged Parcels/Goods will only be paid to the User. Please ensure the exact name or company name is entered at the time of booking.

m.    RUNNER will not be liable (whether in negligence or otherwise) to the User in respect of any loss or damage of Parcels/Goods unless legal proceedings are commenced against the RUNNER within 15 days from the date of Delivery of Parcels/Goods or the date of a claim decision.

PART C - GENERAL TERMS OF USE

1.     Eligibility to Use

a.      This Website/VICHARE EXPRESS Delivery APP may only be used or accessed by such persons who can form legal binding contracts under Indian Contract Act, 1872. Persons who are 'incompetent to contract' within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, and insolvents are not eligible to use the Website/VICHARE EXPRESS Delivery APP. A minor is not allowed to access or register as a User on the Website/VICHARE EXPRESS Delivery APP. In case of registration by an entity, by accepting the User Agreement you represent that such an entity has sufficient authority under applicable law to enter into the User Agreement to accept this User Agreement.

b.      The VICHARE EXPRESS Services are not available to minors i.e. persons under the age of 18 (eighteen) years or to any Users suspended or removed by VICHARE EXPRESS from accessing the Platform for any reason whatsoever. You represent that you are of legal age to form a binding contract and are not a person barred from receiving using or availing VICHARE EXPRESS services under the applicable laws. In case a User under the age of Eighteen (18) years accesses the Platforms and/or uses our Services, we assume such use is under parental/legal guardian’s guidance;

c.       VICHARE EXPRESS reserves the right to refuse access to the Platform, at any time to new Users or to terminate or suspend access granted to existing Users at any time without according any reasons for doing so.

d.      You shall not have more than 1 (one) active Account (as defined below) on the Platform. Additionally, you are prohibited from selling, trading, or otherwise transferring your Account to another party or impersonating any other person for the purposing of creating an account with the Platform.

 

2.     User Account, Password, and Security

a.      In order to use the Platform and avail the VICHARE EXPRESS services, You will have to register on the Platform and create an account with a unique user identity and password ("Account"). If you are using the Platform on a compatible mobile or tablet, you will have to install the application and then proceed with registration.

b.      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 (i) immediately notify VICHARE EXPRESS of any unauthorized use of your Account information or any other breach of security, and (ii) [ensure that you exit from your Account at the end of each 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 as a result of your failure in keeping your Account information is secure and confidential. If the user is suspicious about the activities under the account or breach of account, he/she should immediately reach VICHARE EXPRESS to block the account. Use of another User’s Account information for using the Platform is expressly prohibited.  

 

3.     Representations and Warranties

a.      Subject to compliance with the Terms of Use, VICHARE EXPRESS grants you a non-exclusive, limited privilege to access and use this Platform and the VICHARE EXPRESS Services. Violations for Service Seeker may include:

                     i.    Being unavailable to get work done during the times you requested

                    ii.    Ending communication without explanation after a task is assigned

                   iii.    Poor or Abusive communication.

                   iv.    Soliciting RUNNER through messaging /comments for your own business

                    v.    Failure to pay for the agreed-upon service.

b.      You hereby represent and warrant to VICHARE EXPRESS that:

                     i.    All the information provided by you to VICHARE EXPRESS is true and correct;

                    ii.    You will not deliver through VICHARE EXPRESS any package which contains illegal, prohibited or restricted goods under applicable laws of India, including but not limited to the goods set out in Annexure-A below (“Prohibited items”);    

                   iii.    You will not use the Platforms in any manner that could damage, disable, overburden, or impair the Platforms, or adversely affect the reputation of VICHARE EXPRESS; and

                   iv.    In case any package being transported by you contains tobacco or tobacco-related products, you shall ensure that the recipient/intended user of the package is not a minor and that the delivery location of such package is not within 100 yards of an educational institution.

                    v.    You agree to use the Platform only: (i) for purposes that are permitted by this Terms of Use; and (ii) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by VICHARE EXPRESS or RUNNER(s) or other Users.

                   vi.    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 prevents you from accessing the Platform and/or availing the VICHARE EXPRESS Services.

                 vii.    You agree not to access (or attempt to access) the Platform 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 in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any VICHARE EXPRESS Property, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.

                viii.    You acknowledge and agree that by accessing or using the Platform, you may be exposed to content from others that you may consider offensive, indecent or otherwise objectionable. VICHARE EXPRESS disclaims all liabilities arising in relation to such offensive content on the Platform.

                   ix.    You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from User profiles without notice and may result in termination of the services. Appropriate legal action may be taken by VICHARE EXPRESS for any illegal or unauthorised use of the Application;

                    x.    You will not broadcast, publish, transmit, upload, post or upload content to the Application which is false, misleading or contains sexually explicit material, references or innuendos;

                   xi.    You agree that any automated use of the Application are prohibited.

                  xii.    If you choose to provide feedback on the Website which is visible to other Users, you shall exercise due care while making comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or offensive/ obscene contents.

                xiii.    You agree and acknowledge that the use of the VICHARE EXPRESS services offered by VICHARE EXPRESS is at your sole risk and that VICHARE EXPRESS disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, RUNNER ability and fitness for any purposes are excluded to the fullest extent permitted by law.

                xiv.    Without prejudice to the above, VICHARE EXPRESS makes no representation or warranty that the VICHARE EXPRESS services will meet your requirements.

                  xv.    You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name 'VICHARE EXPRESS', or otherwise engage in any conduct or action that might tarnish the image or reputation, of VICHARE EXPRESS or otherwise tarnish or dilute any VICHARE EXPRESS's trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or VICHARE EXPRESS's systems or networks, or any systems or networks connected to VICHARE EXPRESS.

                xvi.    All materials/content on our Platform (except any third party content available on the Platform), including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, "Material") are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by VICHARE EXPRESS. You acknowledge and agree that the material is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in our Platform, no material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose other than the purposes stated under this Terms of Use, by any person or entity, without VICHARE EXPRESS’s prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize our Platform or any part of the material for any purpose other than its intended purposes is strictly prohibited. Subject to the above restrictions under this Clause, VICHARE EXPRESS hereby grants you a non-exclusive, freely revocable (upon notice from VICHARE EXPRESS), non-transferable access to view the material on the Platform.

               xvii.    Further, you undertake not to:

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

2)    publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, disparaging, ethnically objectionable, obscene, indecent or unlawful topic, name, material or information;

3)    do any such thing that may harms minors in any way;

4)    copy, republish, post, display, translate, transmit, reproduce or distribute any VICHARE EXPRESS Property through any medium without obtaining the necessary authorization from VICHARE EXPRESS;

5)    conduct or forward surveys, contests, pyramid schemes or chain letters;

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

7)    upload or distribute files or documents or videos (whether live or pre-recorded) that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer;

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

9)    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 through the Platform, by hacking, password mining or any other illegitimate means;

10) 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. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Platform 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;

11) 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;

12) collect or store data about other Users, RUNNER in connection with the prohibited conduct and activities set forth herein;

13) 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;

14) use the Platform or any material or VICHARE EXPRESS Property 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 the VICHARE EXPRESS or other third parties;

15) 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;

16) impersonate any other User, RUNNER or person;

17) violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;

18) violate the Terms of Use contained herein or elsewhere;

19) threatens the unity, integrity, defence, security or sovereignty of India, friendly relation 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 for any other nation; and

20) reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.

21) 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:

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

B.    provide a warning to you;

C.    suspend your Account;

D.    terminate your Account; and/or

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

 

4.     Copy & Intellectual Property Rights

a.      The Application, the services and all of the related products of VICHARE EXPRESS are subject to copyright, trademark and/or other proprietary rights. The material on the Application is protected by copyright under the laws of India. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, software, code, scripts, design elements and interactive features)(the "Content") are owned or controlled for these purposes, and are reserved by VICHARE EXPRESS.

b.      All trademarks, service marks and trade names are owned, registered and/or licensed by VICHARE EXPRESS, who grants to you a non-exclusive, royalty-free, revocable license whilst you are a User to:

                     i.    download the Application to a mobile device via a web browser and/or app store;

                    ii.    use the Application and Services pursuant to the General Terms and any Additional Terms (as applicable);

                   iii.    copy and store the Application and the material contained in the Application in your phone's cache memory; and

                   iv.    print pages from the Application for your own personal and non-commercial use.

c.       VICHARE EXPRESS does not grant you any other rights whatsoever in relation to the Application or the material on the Application. All other rights are expressly reserved by VICHARE EXPRESS. VICHARE EXPRESS retains all rights, title and interest in and to the Application and all related content. Nothing you do on or in relation to the Application will transfer any:

                     i.    business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright,

                    ii.    a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

                   iii.    a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),to you.

                   iv.    You may not, without the prior written permission of VICHARE EXPRESS and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or display in public, adapt or change in any way the content or third party contact for any purpose. This prohibition does not extend to materials on the Application which are freely available for re-use or are in the public domain.

                    v.    VICHARE EXPRESS may identify you (and the account holder) as a Service Seeker of VICHARE EXPRESS and a User of the services facilitated by VICHARE EXPRESS. VICHARE EXPRESS may publish non-confidential information about you to the RUNNERs or use this information in the public domain for marketing and advertising purposes. You grant VICHARE EXPRESS a licence during the term of these Terms to Use, and publish your business name and logo for the above purposes.

                   vi.    The Platform and process, and their selection and arrangement, including but not limited to all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork, algorithm and computer code (and any combination thereof), except any third party software available on the Platform, is owned by VICHARE EXPRESS ("VICHARE EXPRESS Property") and the design, transactional flow, structure, selection, contents, co-ordination, expression, look and feel and arrangement of such VICHARE EXPRESS Property is protected by copyright, patent and trademark laws, and various other intellectual property rights. You are not permitted to use VICHARE EXPRESS Property without the prior written consent of VICHARE EXPRESS.

                 vii.    The trademarks, logos and service marks displayed on the Platform ("Marks") are the property of VICHARE EXPRESS, except any trademark, logos and service marks of third parties available on the Platform. You are not permitted to use the marks without the prior consent of VICHARE EXPRESS or such third party as may be applicable. As the law enforces, users are restricted from downloading, reusing, reconfiguring or imitating any of the proprietary material. If VICHARE EXPRESS identifies that any user engaged in such activities; appropriate legal action may be taken, including without limitation civil, criminal and injunctive redress.   

 

5.     Disclaimer of Warranties & Liabilities

You expressly understand and agree that, to the maximum extent permitted by applicable law:

a.      The Platform and VICHARE EXPRESS Property, VICHARE EXPRESS services are provided by VICHARE EXPRESS on an "as is" & “as available” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, RUNNER ability or fitness for a particular purpose. Without limiting the foregoing, VICHARE EXPRESS makes no warranty that (i) the Platform, VICHARE EXPRESS services will meet your requirements or your use of the Platform will be uninterrupted, timely, secure or error-free; (ii) the quality of the Platform will meet your expectations; or (iii) any errors or defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by you from VICHARE EXPRESS shall create any warranty not expressed in the stated Terms of Use. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

                         i.    failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication  line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

                        ii.    the accuracy, suitability or currency of any information on the Application, the service, or any of its content related products (including third party material and advertisements on the Application);

                       iii.    costs incurred as a result of you using the Application, the services or any of the products of VICHARE EXPRESS;

                       iv.    the content or operation in respect to links which are provided for your convenience;

                        v.    any failure to complete a transaction, or any loss arising from e-commerce transacted on the Application; or

                       vi.    any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

b.      VICHARE EXPRESS will have no liability related to any User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. VICHARE EXPRESS also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content.

c.       VICHARE EXPRESS will not be liable for any loss that you may incur as a consequence of unauthorized use of your Account or Account information in connection with the Platform either with or without your knowledge.

d.      VICHARE EXPRESS shall not be responsible for the delay or inability to use the Platform, VICHARE EXPRESS Services or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, VICHARE EXPRESS shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond VICHARE EXPRESS's control. You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at your own discretion and risk, and that you will be solely responsible for any damage to your computer systems or loss of data that results from the download of such material or data.

 

6.     Indemnification and Limitation of Liability

a.      You agree to indemnify, defend and hold harmless VICHARE EXPRESS and its affiliates including but not limited to its officers, directors, consultants, agents and employees ("Indemnitees") from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnities that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any obligation, covenant, representation or warranty by you pursuant to these Terms of Use. Further, you agree to hold the Indemnities harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the Platform, VICHARE EXPRESS Services, any misrepresentation with respect to the data or information provided by you in relation to the Account, your violation of the Terms of Use, or your violation of any rights of another, including any intellectual property rights.

b.      In no event shall the Indemnitees, be liable to you or any third party for any special, incidental, indirect, consequential or intended damages whatsoever, arising out of or in connection with your use of or access to the Platform or VICHARE EXPRESS Property on the Platform.

c.       You indemnification obligation under the Terms of Use will survive the termination of your Account or use of the Platform or VICHARE EXPRESS services.

d.      Subject to applicable laws, in no event will VICHARE EXPRESS or its employees aggregate liability, arising from or related to the VICHARE EXPRESS services or the use of the Platform shall not exceed INR 100/- (One Hundred) for any and all causes of actions brought by you or on behalf of you.

e.      The Platform and the VICHARE EXPRESS services are only available to Users located in India. Users shall not access or use the Platform from any other jurisdiction except for India. If a User access or uses the Platform from any other jurisdiction except for India, the User shall be liable to comply with all applicable laws and VICHARE EXPRESS shall not be liable for the same, whatsoever.

f.       All claims must be submitted in writing to VICHARE EXPRESS within seven (7) days from the date that VICHARE EXPRESS accepted your request for delivery of Parcels/Goods, failing which VICHARE EXPRESS shall have no liability whatsoever. Claims are limited to one claim per order of Parcels/Goods, settlement of which will be full and final settlement for all loss or damage in connection therewith. The User will have the option to receive the amount towards such settlement in their bank account.

g.      The VICHARE EXPRESS shall not be liable to any Service Seeker, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms of Use for:

                         i.    loss of profits;

                        ii.    loss of sales or business;

                       iii.    loss of agreements or contracts;

                       iv.    loss of anticipated savings;

                        v.    loss of or damage to goodwill;

                       vi.    loss of use or corruption of software, data or information;

                     vii.    any indirect or consequential loss;

                    viii.    losses arising as a result of any information provided by Service Seeker, including in relation to the dissemination of such information on the Website and/or Applications;

                       ix.    losses arising in connection with any use of the Technology and/or the Services by a Service Seeker which is in breach of these Terms of Use;

                        x.    losses arising in connection with: (i) the use or unavailability of the services, the site and/or the Applications; and (ii) access to the services, the Website and/or the Applications by an unauthorised user;

                       xi.    losses arising in connection with any malfunction of any nature relating to the Service Seeker's mobile or any device and his connection to the internet upon accessing the Website, Applications and/or the Services;

                      xii.    losses arising in connection with mechanical, electronic or electrical derangement of the Parcels/Goods unless caused by external means; or caused by: latent or inherent defect; defective or inadequate packing, insulation or labelling; shortage in weight, evaporation or ordinary leakage; deliberate abandonment of the Parcels/Goods or other property: vermin, wear, tear or gradual depreciation; or inherent vice.

h.      RUNNER's Liability

                         i.    The RUNNER may become liable for material damage and/or consequential loss, such as loss, theft, material damage, or destruction of the Parcels/Goods during the Delivery of Goods, except where the foregoing are due to factors such as, without limitation, fault of the Service Seeker or the Recipient, a Force Majeure Event, a defect inherent to the Parcels/Goods or insufficient packaging.

                        ii.    The RUNNER's total liability for material damage and/or consequential loss, such as loss, theft, material damage, average or destruction of the Parcels/Goods shall be lesser of: i) the original value of the Goods; ii) the amount of their repair or reconstitution, In both cases up to the limit of Rs 1,000/- ( One Thousand only). The User and/or Recipient must provide receipts to support any claim.

                       iii.    The RUNNER shall not be liable for any indirect loss resulting from the Delivery of Goods or the failure of the Delivery of Goods.

i.        No Service Guarantee

VICHARE EXPRESS do not guarantee the availability or uptime of the RUNNER services. You acknowledge and agree that the VICHARE EXPRESS services may be unavailable at any time and for any reason (e.g., due to scheduled maintenance or network failure). Further, the VICHARE EXPRESS services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications, and VICHARE EXPRESS are not responsible for any delays, delivery failures, or other damages, liabilities or losses resulting from such problems.

7.     Lien

a.      VICHARE EXPRESS shall have a general or particular lien over the Parcel/Goods/Articles, and any documents against the Service Seeker or the owner of the Parcel/Good (as applicable). This means that, we will be entitled to retain possession over the Parcel/Goods/Articles until all monies due from the Service Seeker to us are paid.

b.      Where such lien is not satisfied within a reasonable time, we may, in our absolute discretion, without any notice to Service Seeker, sell the Parcel/Goods/Articles or any part of it, as agent for the Service Seeker to recover the Fees payable by Service Seeker. We will pay the proceeds to the Service Seeker after deducting all proper Fees/Charges and expenses in relation to the Parcel/Good and of all outstanding Fees/Charges in relation to the Services and the expenses incurred by us in relation to the storage, insurance and sale of the Parcel/Good. You acknowledge and agree that, we shall have no further liability or responsibility to you whatsoever in connection with the Parcel/Good.

 

8.     Undelivered or Unclaimed Goods

a.      When we are unable for any reason to deliver a Parcel/Good to the recipient, or when in accordance with this Agreement, a service is deemed to be at an end, We will use reasonable endeavors to give notice to the Service Seeker that the Goods/Articles will be sold unless within the time specified in the notice, being a reasonable time in the circumstances, the Goods/Articles is collected from VICHARE EXPRESS. After the expiry of the time specified in the notice, we may sell the Goods/Articles or any part of it.

b.      Where VICHARE EXPRESS sell the Goods/Articles as above, we will pay the proceeds to the Service Seeker after deducting all proper Fees/Charges and expenses in relation to the Goods/Articles and of all outstanding charges in relation to the Services and the expenses incurred by VICHARE EXPRESS in relation to the storage and sale of the Parcel/Good. You acknowledge and agree that VICHARE EXPRESS shall have no further liability or responsibility to you whatsoever in connection with the Parcels/Goods/Articles.

 

9.    Security Components

You understand that our Platforms and software embodied within the Platforms may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by VICHARE EXPRESS and/or content providers who provide content to VICHARE EXPRESS. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded in our Platforms.

 

10. Violation of the Terms of Use

You agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreversible harm to the VICHARE EXPRESS, as the case may be, for which monetary damages would be inadequate, and you consent to the VICHARE EXPRESS obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the VICHARE EXPRESS may have at law or in equity. If VICHARE EXPRESS takes any legal action against you as a result of your violation of these Terms of Use, they 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 that may be granted.

 

11. Additional Terms

a.      We may also require you to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the Platform. These additional terms shall form a part of this Terms of Use, and you agree to comply with them when you participate in those promotions, or otherwise engage in activities governed by such additional terms.

b.      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.

 

12. Links to Third Parties

a.      The Platform may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). VICHARE EXPRESS shall not be responsible for examining or evaluating such third party websites, and VICHARE EXPRESS does not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of such third party websites. VICHARE EXPRESS does not assume any responsibility or liability for the actions, product, practices and content of any such third party websites. Before you use/access any such third-party websites, you should review the applicable terms of use and policies for such third party websites. If you decide to access any such linked third party website, you do so at your own risk.

b.      Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract, if you access the services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the services in any manner. Your access to the services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

 

13. Term and Termination

a.      The Terms of Use will continue to apply until terminated by either you or VICHARE EXPRESS as set forth below. If you object to the Terms of Use or are dissatisfied with the Platform, VICHARE EXPRESS services, your only recourse is to (i) close your Account on the Platform by writing to us at vichareondemand@gmail.com; and/or (ii) stop accessing the Platform. VICHARE EXPRESS will make your account dormant upon receipt of request in writing.

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

                         i.    you have breached any provision of the General Terms and Additional Terms (as applicable) or intend to breach any provision;

                        ii.    VICHARE EXPRESS is required to do so by law;

                       iii.    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;

                       iv.    VICHARE EXPRESS is transitioning to no longer providing the services;

                        v.    the provision of the services to you by VICHARE EXPRESS is, in the opinion of VICHARE EXPRESS, no longer commercially viable;

                       vi.    your Account has been inactive for a period of Twelve Months (12) months.

c.       VICHARE EXPRESS may, in its sole discretion, bar your use of the VICHARE EXPRESS services at any time, for any or no reason. Even after your account with VICHARE EXPRESS is disabled, dormant or made inactive, the terms agreed by you at the time of registration will remain in effect. This termination shall be effective only once you have cleared all your dues that you are liable to pay as per the provisions of this Terms of Use.

d.      The VICHARE EXPRESS may delist you or block your future access to the Platform or suspend or terminate your Account, if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically.

e.      Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until VICHARE EXPRESS chooses to terminate them.

f.       You hereby agree and acknowledge, upon termination, VICHARE EXPRESS shall have the right to retain all information pertaining to the transactions initiated by you on the Platform.

 

14. Governing Law

a.      This Terms of Use shall be governed by and construed in accordance with the laws of India. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our service, and supersede and replace any prior agreements, we might have between us regarding the service.

b.      All notices given under this agreement shall be in English. If there is any inconsistency between any document and any version of the same document, the English version shall be deemed as effective and authoritative.

c.       The courts at MUMBAI shall have exclusive jurisdiction.

 

15. Dispute Resolution Management

a.      If a dispute/complaint arises out of or in connection with the General Terms and any Additional Terms (as applicable) (the "Dispute"), then you agree to comply with the following:

                         i.    either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought);

                        ii.    the party claiming that a dispute has arisen must give written notice to VICHARE EXPRESS within 48 (Forty Eight) hours from the completion of the delivery or if a delivery is not completed, from the expected completion time. In the written notice, you must detail the nature of the dispute, the desired outcome and the action required to settle the dispute ("Notice");

                       iii.    on receipt of the notice by VICHARE EXPRESS, VICHARE EXPRESS will attempt to provide a resolution within 15 (Fifteen) days of the notice;

                       iv.    during this 15 ( Fifteen) day period, all relevant parties to the dispute must endeavour in good faith to resolve the dispute expeditiously by negotiation or such other means upon which they may mutually agree;

                        v.    in the interest of resolving the dispute expeditiously, you agree that you will promptly respond to any correspondence and/or requests by VICHARE EXPRESS and in any event no later than 48 (Forty Eight) hours;

                       vi.    if for any reason whatsoever, 15 (Fifteen) days after the date of the notice, the dispute has not been resolved and the user is not satisfied with the resolution, the parties agree to resolve the matter amicably vide arbitration under the Indian Arbitration & Conciliation Act, 1996. The venue of the arbitration shall be MUMBAI, India. The language of the arbitration shall be English. The relevant parties to the dispute are equally liable for the fees and reasonable expenses of arbitration. The parties must each pay their own costs associated with the arbitration; if the dispute does not arise out of or in connection with negligence or wrongful act or omission of VICHARE EXPRESS, VICHARE EXPRESS shall not be liable for the fees and expenses of a arbitration;

                     vii.    all communications concerning negotiations made by the parties arising out of and in-connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence;

                    viii.    if thirty (30) days have elapsed after the start of a arbitration of the dispute and the dispute has not been resolved, either party may ask the arbitrator to terminate the arbitration and the arbitrator must do so; and

                       ix.    in the event that the dispute is not resolved at the conclusion of the arbitration, either Party may institute legal proceedings concerning the subject matter of the dispute thereafter.

 

b.      Where the dispute arises out of or in connection with the delivery/collection job, delivery  Parcels/Goods or any other matter where the RUNNER may be held financially liable, VICHARE EXPRESS may, in its discretion, which shall not be exercised unreasonably:

                         i.    freeze and suspend the RUNNER's account;

                        ii.    withhold any amount that the RUNNER has deposited with VICHARE EXPRESS or payable to RUNNER and

                       iii.    not release the withheld Amount until the dispute is resolved in accordance with this clause or there is a court order requesting the withheld Amount to be released.

GRIEVANCE OFFICER- In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Name:  Mr. Subodh Manohar Mahamunkar
Address:  407/408, Kesar Plaza, RDP-6, Plot No.239, Charkop, Kandivali (West), Mumbai-400067.

Phone: +91-022-2860 2148                                                          Email:  vichareondemand@gmail.com

16. Report Abuse

In the event you come across any abuse or violation of these Terms of Use or if you become aware of any objectionable content on the Platform, please report the same to the following e-mail id: vichareondemand@gmail.com In case you have any queries with respect to the Terms or the VICHARE EXPRESS Services, please write to us at vichareondemand@gmail.com.

 

17. Confidential Information

“Confidential Information” means any confidential, proprietary or other non-public information disclosed by one party (the “Discloser”) to the other (the “Recipient”), whether disclosed verbally, in writing, or by inspection of tangible objects. Confidential Information will not include that information that (a) was previously known to the Recipient without an obligation of confidentiality; (b) was acquired by the Recipient without any obligation of confidentiality from a third party with the right to make such disclosure; or (c) is or becomes publicly available through no fault of the Recipient. Each Recipient agrees that it will not disclose to any third parties, or use in any way other than as necessary to perform this Terms, the Discloser’s Confidential Information. Each Recipient will ensure that Confidential Information will only be made available to those of its employees and agents who have a need to know such Confidential Information and who are be bound by written obligations of confidentiality at least as protective of the Discloser as this Terms before such individual has access to the Discloser’s Confidential Information. Each Recipient will not, and will not authorize others to, remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notices of ownership from any originals or copies of the Discloser’s Confidential Information. The foregoing prohibition on disclosure of Confidential Information will not apply to the extent the Discloser has authorized such disclosure, nor to the extent a Recipient is required to disclose certain Confidential Information of the Discloser as a legal obligation based on the applicable laws and regulations or order of a court, provided that the Recipient gives the Discloser prior written notice of such obligation to disclose and reasonably assist in filing petition of objection etc. prior to making such disclosure. Upon expiration or termination of this Terms and as requested by a Discloser, each Recipient will deliver to the Discloser (or destroy at the Discloser’s election) any and all materials or documents containing the Discloser’s Confidential Information, together with all copies thereof in whatever form.

 

18. Communications & Promotions

a.      You hereby expressly agree to receive communications by way of SMSs and/or e-mails from VICHARE EXPRESS, or other third parties. You can unsubscribe/opt-out from receiving communications through SMS and e-mail anytime by contacting us for the same. However, you may still receive communications from your end with respect to your use of the VICHARE EXPRESS Service.

b.      We may introduce promotions from time to time. We reserve the right to amend, suspend, withdraw or terminate, whether in whole or part, any and all such promotions without prior notice and at our absolute discretion.

 

19. General

a.      Amendments:

                         i.    VICHARE EXPRESS reserves the unconditional right, at our sole discretion, to modify, delete, replace or amend this Terms of Use without any requirement to notify you of the same, at any time. You can determine when this Terms of Use was last modified by referring to the "Last Updated" legend above. It shall be your responsibility to check this Terms of Use periodically for changes. Your acceptance of the amended Terms of Use shall signify your consent to such changes and agreement to be legally bound by the same. When the amendment occurs after payment by the Service Seeker of a sum of money corresponding to a delivery of Parcels/Goods, the amendment shall not apply to the transaction in progress.

                        ii.    By continuing to access or use our service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the services.

b.      Notice:

                         i.    All notices from VICHARE EXPRESS will be served by email to your registered email address or by general notification on the Platform.

                        ii.    All notices from USER shall be sent by registered post acknowledgment due or email to the address mentioned below:

VICHARE EXPRESS & LOGISTICS PVT. LTD

407/408, Kesar Plaza, Plot No. 239, RDP-6, Charkop, Kandivali (West), Mumbai-400067, Maharashtra, INDIA.   Email : vichareondemand@gmail.com

c.       Heading

The Clause headings in this Terms of Use are inserted for convenience only and shall not affect the interpretation of this Terms of Use.

d.      Assignment:

You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. VICHARE EXPRESS’s rights under the Terms of Use are freely transferable by VICHARE EXPRESS to any third party without the requirement of informing you or seeking your consent.

e.      Force Majeure:

Any delay in or failure to perform any obligations by either party under these Terms of Use shall not constitute default hereunder, if and to the extent caused by force majeure, which is defined to be occurrences beyond the reasonable control of such party committing default, including and limited to acts of the government authorities, acts of God, fire, flood, drought, earthquake, collapse of buildings, accident or other natural disaster,  explosion, riots, war or threat of war, armed conflict, act of terrorism, national emergency, civil disturbance, imposition of sanctions, embargo, nuclear, chemical or biological contamination or sonic boom, labour or trade dispute, strikes, lockout, change in law or policies, court orders, cyber threats and cyber-attacks including those resulting from malware, trojans, ransomware, data breach, hacking or malicious damage to the Platforms, power failure, sabotage, rebellion, insurrection, epidemic, pandemics, governmental actions including act of governmental official or police authorities, failure of third parties to provide services on which the business of VICHARE EXPRESS is dependent or Interruption or failure of utility service, similar outbreak (“Force Majeure”). Provided, however, you shall give prompt written notice within a period of 7 (seven) days from the date of the force majeure occurrence to VICHARE EXPRESS. You shall use all reasonable efforts to avoid or remove such cause of non-performance and shall continue performance hereunder whenever such causes of force majeure are removed. In the event the Force Majeure event continues for a period of 7 (seven) days from the date on which VICHARE EXPRESS receives the notice from you as above, VICHARE EXPRESS shall have the right to terminate these Terms of Use.

f.       Severability:

If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible, so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.

g.      Waiver and Severability:

                         i.    Any failure by VICHARE EXPRESS to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by VICHARE EXPRESS of that provision or right. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. No waiver of any breach of these Terms shall waive any other breach, and no waiver shall be effective unless made in writing.

                        ii.    If any provision of these Terms is held invalid by any court or tribunal in a final decision from which no appeal is or can be taken, such provision shall be deemed modified to eliminate the invalid element and, as so modified, such provision shall be deemed a part of these Terms. The remaining provisions of these Terms shall not be affected by such modification.

                       iii.    The rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.

h.      Non-Poaching

Both the parties agree and acknowledge that while this Agreement is in force and for a period of Twenty-Four (24) months thereafter, they shall not directly or indirectly solicit or offer employment to any of the other's officers, employees, third party contractors and associates who have been involved in or associated with this Agreement without the other's prior written consent. Both the parties clearly understand and agree that Twenty-Four (24) months period is reasonable after considering training and grooming time as well as investments made on human resources by the parties.

i.        Relationship

The Parties agree that nothing in this Terms shall be construed as creating the relationship of employer and employee, master and servant, or principal and agent, or a partnership, or a joint venture of any kind whatsoever between the Parties or between the parties and its respective contractors / employees.

j.        Integration

These Terms of Use together with VICHARE EXPRESS’s Privacy Policy and any other legal notices, communications published by VICHARE EXPRESS on its Platform, and any other agreements executed between you and VICHARE EXPRESS shall constitute the final, complete and exclusive statement of the entire agreement between you and VICHARE EXPRESS concerning its Platform, VICHARE EXPRESS services and governs your use of the Platform and VICHARE EXPRESS service, superseding any prior agreements between you and VICHARE EXPRESS with respect to the Platform and VICHARE EXPRESS service.

k.      IP Infringement

If you believe the Platform violates your intellectual property, you must promptly notify VICHARE EXPRESS in writing at vichareondemand@gmail.com. These notifications should only be submitted by the owner of the intellectual property or an agent duly authorized to act on his/her behalf. However, any false claim by you may result in the termination of your access to the Platform. You are required to provide the following details in your notice:

                         i.    the intellectual property that you believe is being infringed;

                        ii.    the service that you think is infringing and include sufficient information about where the material is located on the Platform;

                       iii.    a statement that you believe in good faith that the service you have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;

                       iv.    Your contact details, such as your address, telephone number, and/or email;

                        v.    a statement that the information you provided in your notice is accurate, and that you are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and

                       vi.    Your physical or electronic signature.

ANNEXURE – A

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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