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Terms And Conditions

Terms & conditions

1)           It allows You to connect with Merchants and Delivery Partners;

2)        It allows You to view the items/services ("Items") listed on the Platform by the Tied Up Merchants;

3)        It allows You to purchase Item(s) from the Tied Up Merchants listed on the Platform and allows You to get the Items delivered to You through Delivery Partners ("Purchase Services");

4)        It allows You to purchase Items from Non-Tied Up Merchants and get the same delivered to You by the Delivery Partners ("Delivery Services");

 

5)      It allows You to give ratings, write comments and reviews about Delivery Partners and Merchants;

6)      It facilitates improvement in the quality of the services provided by OFFOZON on the Platform based on User ratings, reviews and feedbacks provided on the Platform.

 

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

 

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

 

9)      In case of Purchase Services, it is the duty of the Tied-Up Merchants to share the updated Item list along with its prices on the Platform. OFFOZON shall not be responsible for any inaccurate Item listing on the Platform. Further, You hereby agree and acknowledge that for certain Items (Items that are perishable in nature or Item whose price varies periodically), it may not be possible for the Tied-Up Merchants to list out the exact price or prices of such Items on the Platform. The above shall also be applicable to the provision of Purchase Services. In such cases, the Delivery Partner upon reaching the Merchant outlet shall intimate You about the Item price and You shall be required to confirm the purchase of the Item and you shall make the payment for the same to complete the transaction, however if You do not confirm the purchase of the Item and do not make payment for the Item, You shall pay such fees as may be communicated to You on the Platform for the efforts of the Delivery Partner.

 

10)   You shall not initiate any transaction for any Item 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 the purchase or delivery of any alcoholic beverages, narcotic drug or psychotropic substance, etc. Further, You hereby acknowledge and agree that OFFOZON 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.

 

11)   OFFOZON does not check or verify the packages that are being picked up and dropped off on behalf of You or the Items that are being delivered to You by the Delivery Partner, and therefore OFFOZON shall have no liability with respect to the same. However, if it comes to the knowledge of OFFOZON 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, OFFOZON shall have the right to report You to the government authorities and take other appropriate legal actions against You.

 

12)   You hereby acknowledge that OFFOZON shall not be liable for any damages of any kind arising from Your use of the OFFOZON Services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

 

13)   OFFOZON shall be entitled at any time without giving any reason terminate Your request for any OFFOZON Service.

 

14)   You hereby agree that OFFOZON shall not be liable for any conduct or misbehaviour or actions of Delivery Partner with respect to any transactions initiated on the Platform. Further, You agree that OFFOZON has no control over the Items provided to You by the Merchants and therefore, OFFOZON shall not incur any liability with respect to such Items. However, keeping in mind the interests of the Users, We have informed our Merchants to ensure that Items are packaged properly to avoid any form of spillage or damage to the Item or any issues related to packaging

 

15)   If a transaction initiated by You on the Platform cannot be completed, OFFOZON shall notify You on the Platform

 

16)   You agree to provide as much information as possible on the Platform with respect to the Items/services You wish to purchase/avail, using the Platform.

 

17)   OFFOZON shall use Your locationbased information that is captured by OFFOZON through global positioning system when You are using Your mobile device to request a OFFOZON Service on its m-app. Such location based information shall be used by OFFOZON only to facilitate and improve the OFFOZON Services being offered to You.

 

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

 

19)   You understand and acknowledge that OFFOZON by itself does not sell or provide any such Items. OFFOZON is not responsible for the quality, merchantability or fitness of such Items. Accordingly, in the event of any grievances arising from the transaction initiated by You on the Platform pertaining to purchase or sale of any product from any Merchant, You may contact OFFOZON support for routing. your grievances to the Merchant through the Platform.

 

20)   You hereby acknowledge that if You have any complaint with respect to the OFFOZON Services, You will first inform OFFOZON in writing within 24 (twenty four) hours of using such OFFOZON Services.

 

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 OFFOZON. 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. OFFOZON 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.

 

  • OFFOZON may cancel the transaction initiated by You on the Platform, if:

o The designated address to avail the OFFOZON Services provided by You is outside the service zone of OFFOZON.

o Failure to get your response via phone or any other communication channel at the time of confirmation of the order booking.

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

o Information, instructions and authorisations provided by You is not complete or sufficient to execute the transaction initiated by You on the Platform.

o If in case of tied-up Merchants, the Tied-Up Merchant outlet is closed.

o If a Delivery Partner is not available to perform the services, as may be requested.

o If any Item for which You have initiated the transaction is not in stock with the Merchant.

o If the transaction cannot be completed for reasons not in control of OFFOZON.

 

  • c. You shall only be able to claim refunds for transactions initiated by You only if You have already pre-paid the fees with respect to such transaction. Subject to relevant Merchant’s refund policy and in accordance therein, You shall be eligible to get the refund in the following circumstances:

 

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

 

o If the wrong Item has been delivered to You, which does not match with the Item for which You had initiated a transaction on the Platform.

o OFFOZON has cancelled the order because of any reason mentioned above

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

 

 

10. Eligibility to Use

a. The OFFOZON Services are not available to minors i.e. persons under the age of 18 (eighteen) years or to any Users suspended or removed by OFFOZON 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 OFFOZON Services under the applicable laws.

b. OFFOZON 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.

c. 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.

 

User Account, Password, and Security

  • a. In order to use the Platform and avail the OFFOZON 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 OFFOZON 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.] OFFOZON 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 OFFOZON 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 secure and confidential.Use of another User’s Account information for using the Platform is expressly prohibited.

Representations and Warranties

  • a. Subject to compliance with the Terms of Use, OFFOZON grants You a non-exclusive, limited privilege to access and use this Platform and the OFFOZON Services.
  • b. 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 OFFOZON or Delivery Partner(s) or Merchants or other Users.
  • c. You represent and warrant that You have not received any notice from any third party or any governmental authority and no litigation is pending against You in any court of law, which prevents You from accessing the Platform and/or availing the OFFOZON Services.
  • d. You represent and warrant that You are legally authorised to view and access the Platform and avail the OFFOZON Services.
  • e. You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by OFFOZON. 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 OFFOZON Property, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
  • f. 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. OFFOZON disclaims all liabilities arising in relation to such offensive content on the Platform.
  • g. Further, You undertake not to:

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

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

o do any such thing that may harms minors in any way;

o copy, republish, post, display, translate, transmit, reproduce or distribute any OFFOZON Property through any medium without obtaining the necessary authorization from OFFOZON;

o conduct or forward surveys, contests, pyramid schemes or chain letters;

o 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;

o 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;

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

o attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any OFFOZON server, or through the Platform, by hacking, password mining or any other illegitimate means;

o 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;

o 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;

o collect or store data about other Users, Merchants, Delivery Partner in connection with the prohibited conduct and activities set forth herein;

o 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;

o use the Platform or any material or OFFOZON 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 Company or other third parties;

o 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;

o impersonate any other User, Merchant, Delivery Partner or person;

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

o violate the Terms of Use contained herein or elsewhere;

o threatens the unity, integrity, defence, security or sovereignty of India, friendly relation with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting for any other nation; and

o 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.

 

  • h. You agree and acknowledge that the use of the OFFOZON Services offered by OFFOZON is at Your sole risk and that OFFOZON disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.
  • Without prejudice to the above, OFFOZON makes no representation or warranty that the OFFOZON Services will meet Your requirements.
  • j. 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 OFFOZON. 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 OFFOZON’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, OFFOZON hereby grants You a non-exclusive, freely revocable (upon notice from OFFOZON), non-transferable access to view the Material on the Platform.

 

Disclaimer of Warranties & Liabilities

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

  • a. The Platform and OFFOZON Property, OFFOZON Services are provided by OFFOZON on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, OFFOZON makes no warranty that (i) the Platform, OFFOZON 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 OFFOZON shall create any warranty not expressly stated in the Terms of Use.
  • b. OFFOZON will have no liability related to any User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. OFFOZON also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content.
  • c. OFFOZON 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. OFFOZON shall not be responsible for the delay or inability to use the Platform, OFFOZON 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, OFFOZON 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 OFFOZON'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.

 

Indemnification and Limitation of Liability

  • a. You agree to indemnify, defend and hold harmless OFFOZON 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 Indemnitees 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 Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, OFFOZON 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 punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform or OFFOZON 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 OFFOZON Services.
  • d. Subject to applicable laws, in no event will OFFOZON or its employees aggregate liability, arising from or related to the OFFOZON Services or the use of the Platform shall not exceed INR 100 for any and all causes of actions brought by You or on behalf of You.
  • e. The Platform and the OFFOZON 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 OFFOZON shall not be liable for the same, whatsoever.

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 irreparable harm to the Company/Client, as the case may be, for which monetary damages would be inadequate, and You consent to the Company/Client 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 Company/Client may have at law or in equity. If Company/Client 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.

17. 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.

18. Link 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). OFFOZON shall not be responsible for examining or evaluating such third party websites, and OFFOZON 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. OFFOZON does not assume any responsibility or liability for the actions, product, 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.

19. Term and Termination

a. The Terms of Use will continue to apply until terminated by either You or OFFOZON as set forth below. If You object to the Terms of Use or are dissatisfied with the Platform, OFFOZON Services, Your only recourse is to (i) close Your Account on the Platform by writing to Us at [email protected] ; and/or (ii) stop accessing the Platform. OFFOZON will make Your account dormant upon receipt of request in writing.
OFFOZON may, in its sole discretion, bar your use of the OFFOZON Services at any time, for any or no reason. Even after your account with OFFOZON 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.

b. The Company 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.

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

d. You hereby agree and acknowledge, upon termination, OFFOZON shall have the right to retain all information pertaining to the transactions initiated by You on the Platform.

Communications

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

General

  • a. Amendments: OFFOZON reserves the unconditional right to modify or amend this Terms of Use without any requirement to notify You of the same. 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.
  • b. Notice: All notices from OFFOZON will be served by email to Your registered email address or by general notification on the Platform.
  • c. Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. OFFOZON’s rights under the Terms of Use are freely transferable by OFFOZON to any third party without the requirement of informing You or seeking Your consent.
  • d. 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.
  • e. Waiver: Any failure by OFFOZON to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by OFFOZON of that provision or right.
  • f. Integration: These Terms of Use together with OFFOZON’s Privacy Policy and any other legal notices, communications published by OFFOZON on its Platform, and any other agreements executed between You and OFFOZON shall constitute the entire agreement between you and OFFOZON concerning its Platform, OFFOZON Services and governs Your use of the Platform and OFFOZON Service, superseding any prior agreements between You and OFFOZON with respect to the Platform and OFFOZON Service
  • g. IP Infringement If You believe the Platform violates Your intellectual property, You must promptly notify OFFOZON in writing at [email protected]. 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 item 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 item 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.

Partner Terms

These terms of use (“Terms of Use”) describe the terms on which the delivery partners(“You” or “Your” or “Yourself” or “Delivery Partner”)nterested in registering or availingOFFOZON Services (defined below) and accessing the platform www.OFFOZON.com and the mobile application “OFFOZON” owned and operated by OFFOZON Digital Private Limited (“OFFOZON”) and licensed for use on a revocable, non-exclusive, temporary, non-assignable basis to You,collectively referred to as, the “Platform”, connect with the users registered on the Platform (“Users”) and the merchants registered on the Platform (“Merchants”) to provide Your transportation, delivery and logistics services to them, as may initiated by them on the Platform.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THEPLATFORM OR AVAILING THE OFFOZON SERVICES OR ACCESSING/USING ANY MATERIAL, INFORMATION THROUGH THE PLATFORM. YOUR USE OF THE PLATFORM OR OFFOZON SERVICESSHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BELEGALLY BOUND BY THE SAME.

Use of and access to the Platform is offered to You only upon acceptance of all the terms,conditions and notices contained in this Terms of Use, along with any amendments made byOFFOZON at its sole discretion and posted on the Platform. By using the Platform or the OFFOZONServices, You agree that You have read, understood and agreed to be bound by these Termsof Use and the Platform’s Privacy Policy available at https://www.OFFOZON.com/privacy.

You hereby acknowledge and agree that OFFOZON is a technology services provider that does not (i) provide Delivery Services (defined below), or (ii) function as a transportation/logistics carrier, (iii) operate as an agent for the delivery of good(s)/item(s) purchased, logistic(s) services and/or transportation of passengers.

1. Delivery Partner Services:

You may choose to perform any of the following services to Users and Merchants as per your choice and convenience. You may choose to perform these services on any day of the week and for as long as you may wish for. When you click on the accept option upon a notification of a task, you expressly consent each time for providing your services to the User. You agree that You provide services directly to the User or Merchant, as the case maybe.

  • a. Transportation/ Delivery Services from Merchant Establishments. You acknowledge that the Users may place orders with Merchants listed on the Platform through the Platform to purchase products/avail services (“Items”) from the Merchants. In this regard, You shall provide transportation/delivery services from the Merchant establishment to the location specified by the User with respect to the transactions initiated by the User on this Platform (“Delivery Services”). Unless otherwise specified, You hereby agree that while performing Delivery Services pertaining to the Item from the Merchant to the User, You acknowledge that OFFOZON is only a facilitator of the transactions that take place on the Platform and OFFOZON shall not be a party to any transaction that is initiated on the Platform. You shall be responsible for safely delivering the Items to the Users or to any person as may be specified by the User.

 

  • b. Purchase Items. You acknowledge that Users may initiate a transaction on the Platform by which You would be required to purchase any Item for the User (“Purchase Services”). It is hereby clarified and acknowledged by You that your services to the User is concluded only upon the Item being delivered to the User.

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

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

Delivery Partner’s Relationship with OFFOZON.

  • a. OFFOZON does not, and shall not be deemed to have any form of direct or indirect control over Delivery Partners inter alia with respect to the availability of Delivery Partners, performance of Delivery Services by the Delivery Partners or maintenance of Delivery Partner’s vehicle or compliance with applicable laws applicable to Delivery Partners of Delivery Services. It is hereby clarified that there is no employer-employee relationship between OFFOZON and the Delivery Partners. Delivery Partner acknowledges that OFFOZON does not control, or purport to control:

o i. when or for how long will the Delivery Partner utilize the Platform or the OFFOZON Services; or

o Delivery Partner’s decision, via the Platform, to attempt to accept or to decline or ignore a User’s request for Delivery Services on the Platform, subject to OFFOZON’s then-current cancellation policies.

  • b. You are not an employee of OFFOZON. You may thus choose to engage with other occupations or means of livelihood. There is no exclusivity arrangement with OFFOZON and You have complete discretion to operate Your independent business or enroll with other platform for performing similar services. You have no authority to bind OFFOZON and undertake not to hold Yourself out as an employee, agent or authorized representative of OFFOZON or its affiliates. Where, by implication of mandatory law or otherwise, You may be deemed an employee, agent or representative of OFFOZON, You undertake and agree to indemnify, defend and hold OFFOZON and its affiliates harmless from and against any claims by any person, entity, regulators or governmental authorities based on such implied employment, agency or representative relationship.
  • c. Your Account may be deactivated or otherwise restricted from accessing or using the Platform or the OFFOZON Services in the event of a violation of these Terms of Use, disparagement of OFFOZON or any of its affiliates, or Your act or omission that causes harm to OFFOZON’s or any of its affiliates’ brand, reputation or business as determined by OFFOZON in its sole discretion. OFFOZON also retains the right to deactivate or otherwise restrict You from accessing or using the Platform or the OFFOZON Services for any other reason at the sole and reasonable discretion of OFFOZON.
  • d. You agree that You may require certain enablers such as bikes, mobile phones, helmets, bags or other such instruments for you to perform Delivery Services. OFFOZON is not responsible to provide any such support to You. In particular, OFFOZON is not responsible to provide You with reimbursements of any fuel incurred by You, or insurance premium paid by You, or helmets purchased by you. You shall solely be responsible for maintaining the necessary equipment and internet connections that may be required to access, use and transact on the Platform and avail the OFFOZON Services.
  • e. OFFOZON may from time to time provide You with certain advisories in respect of Your performance of the Delivery Services. These advisories may be issued to facilitate compliance with applicable law or to generate a uniform platform experience for Users, Merchants and other Delivery Partners. You are encouraged to follow them.
  • f. You may from time to time receive notice of certain welfare/benefit programs that You may avail as part of the OFFOZON eco-system. Availing such benefits are subject to Your choice and opt-in. These benefits will be provided to you by third party service providers who OFFOZON does not control or sponsor. You will not receive any employee benefits.
  • g. To facilitate provision of Delivery Services, You may choose to avail certain third-party services such as personal loans, accident insurance policies etc. Some of these third-party services may be introduced to You through OFFOZON. The choice of availing all such services is Yours. OFFOZON is not responsible for such services provided by third parties. If you choose to avail such benefits You authorize OFFOZON to share information about You as required for such third party to provide the services to You.

 

Delivery Partner’s Relationship with Users.

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

 

Devices.

  • a. In order to access the Platform and provide the Delivery Services to the Users, You may use Your own device

 

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

 

Location Based Services.

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

 

Delivery Partners and Vehicles

  • a. Delivery Partner Requirements. In order to register as a Delivery Partner, You must be above 18 years of age. You acknowledge and agree that You shall at all times hold and maintain (i) a valid driver's license (if applicable) with the appropriate level of certification to operate the vehicle driven/ridden by You, and (ii) all licenses, permits, approvals and authority applicable to Your vehicle (if applicable) that are necessary to provide Delivery Services; (iii) the appropriate and current level of training, expertise and experience to provide Delivery Services in a professional manner with due skill, care and diligence; and (iv) high standards of professionalism, service and courtesy. You acknowledge and agree that You may be subject to certain background and driving record checks from time to time.
  • b. Vehicle Requirements. You acknowledge and agree that Your vehicle with which You choose to provide Delivery Services shall be: (i) operated in compliance with all applicable laws; (ii) properly registered, insured and licensed in accordance with law to operate as a passenger transportation vehicle, a shared mobility vehicle and/or vehicle to transport/deliver Item(s)/product purchased in the Territory on behalf of the User; (iii) suitable for performing the passenger transportation service, shared mobility services and/or to transport Item(s) as contemplated by these Terms of Use; and (iv) maintained in good operating condition, consistent with industry safety and maintenance standards fora vehicle of its kind and any additional standards or requirements in the applicable Territory, and in a clean and sanitary condition (together herein after referred to as“Vehicle Specification”).

11. Financial Terms

  • a. User Payment: While providing Purchase Services and Delivery Services for Items which are purchased/picked up from merchants not registered on the Platform, and the prices for such items are not provided on the Platform, You shall promptly provide the price details and Item details, including pictures of the Items to the Users on the Platform. Upon confirmation of the Items by the Users on the Platform, and on payment of the same by the User, You shall make the purchase on behalf of the Users. For Merchants who are registered on the Platform, You are not required to make any payments to the Merchant on behalf of the User.
  • b. Delivery Partner Fees: For the provision of Delivery Services, You may charge a fee to the User, the amount of which is determined in accordance with the guidelines framed by OFFOZON for Delivery Partners (“Delivery Fees”). Note, OFFOZON frames the guidelines for the purposes of providing a uniform experience on the Platform to Users, Merchants and Delivery Partners. Please review carefully the DP Fees applicable to the Delivery Services You choose to provide before You do so.

 

  • c. Changes to Fare Calculation. OFFOZON reserves the right to change the Fare Calculation at any time based upon local market factors, and OFFOZON will provide notice to the Delivery Partner in the event of such change that would result in a change in the recommended Fare. Continued use of the OFFOZON Services after any such change in the Fare Calculation shall constitute Your consent to such change.
  • . Fare / Ride Cost Adjustment. Any adjustment to Fare/Ride Cost for instances such as technical error in the OFFOZON Services or force majeure events etc., shall be subject to uniform polices applicable from time to time.
  • g. Cancellation Charges. You acknowledge and agree that Users may elect to cancel requests for Delivery Services that have been accepted by You at any time prior to the provision of Delivery Services. In the event that a User cancels an accepted request for Delivery Services, OFFOZON may charge the User a cancellation fee on behalf of You. If charged, this cancellation fee shall be deemed Ride Cost/Fare/Delivery Fees for the cancelled Delivery Services and shall be remitted to You (“Cancellation Fee”).
  • h. Taxes. You acknowledge and agree that You are required to: (i) complete all tax registration obligations (if any) and calculate and remit all tax liabilities related to the provision of Delivery Services as required by applicable law; and (ii) provide OFFOZON with all relevant tax information. You further acknowledge and agree that You are responsible for paying taxes on Your own income arising from the performance of Delivery Services. Notwithstanding anything to the contrary in this Agreement, OFFOZON may in its reasonable discretion based on applicable tax and regulatory considerations, collect and remit taxes resulting from Your provision of Delivery Services and/or provide any of the relevant tax information You have provided pursuant to the foregoing requirements in this Section directly to the applicable governmental tax authorities on Your behalf or otherwise. You further agree and acknowledge that OFFOZON shall be entitled to deduct tax at source in accordance with applicable law, prior to making any payouts to You.

Proprietary Rights and License

  • a. License Grant. Subject to the terms and conditions of these Terms of Use, OFFOZON hereby grants the Delivery Partner a non-exclusive, royalty-free, non-transferable, non-sub-licensable, non-assignable license, the Platform in connection with the provision of the OFFOZON Services solely for the purpose of providing Delivery Services to Users. Further, subject to the terms and conditions of these Terms of Use, OFFOZON hereby grants the Delivery Partner a non-exclusive, royalty-free, non-transferable, non-sub-licensable, non-assignable license to use the proprietary marks of OFFOZON for the sole purpose of providing the Delivery Services. All rights not expressly granted to Delivery Partner are reserved by OFFOZON, its affiliates and their respective licensors.
  • b. Restrictions. You shall not, and shall not allow any other party to: (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise provide or make available to any other party the OFFOZON Services, Platform or (if applicable) in any way; (ii) modify or make derivative works based upon the OFFOZON Services or Platform; (iii) improperly use the OFFOZON Services or Platform, including creating Internet “links” to any part of the OFFOZON Services or Platform, “framing” or “mirroring” any part of the OFFOZON Services or Platform on any other websites or systems, or “scraping” or otherwise improperly obtaining data from the OFFOZON Services or the Platform; (iv) reverse engineer, decompile, modify, or disassemble the OFFOZON Services or Platform,; or (v) send spam or otherwise duplicative or unsolicited messages. In addition, You shall not, and shall not allow any other party to, access or use the OFFOZON Services or Platform to: (i) design or develop a competitive or substantially similar product or service; (ii) copy or extract any features, functionality, or content thereof; (iii) launch or cause to be launched on or in connection with the OFFOZON Services an automated program or script, including web spiders, crawlers, robots, indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burden or hinder the operation and/or performance of the OFFOZON Services/Platform; or (iv) attempt to gain unauthorized access to the OFFOZON Services or its related systems or networks, (v) defame, abuse, harass, threaten or otherwise violate the legal rights of others; (vi) impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity; (vi) publish, post, upload, distribute or disseminate any information that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, hateful, or racially, ethnically objectionable, disparaging, inappropriate, profane, infringing or otherwise unlawful in any manner whatever; or that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; (vii) upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights there to or have received all necessary consents; (viii) upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer; (ix) engage in any activity that interferes with or disrupts access to the Platform or the OFFOZON Services (or the servers and networks which are connected to the Platform); (x) attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any OFFOZON server, or to any of the OFFOZON Services offered on or through the Platform, by hacking, password mining or any other illegitimate means; (xi) 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. (xii) reverse look-up, trace or seek to trace any information on any other user (Merchant, User, Delivery Partner), of or visitor to, the Platform, to its source, or exploit the Platform or OFFOZON Services or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform; (xiii) 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; (xiv) collect or store data about other users (Merchant, User, Delivery Partner), in connection with the prohibited conduct and activities set forth in this Terms of Use; and (xv) 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; (xvi) use the Platform or any material or content on the Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of OFFOZON or other third parties; (xvii) 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; (xviii) misuse the personal information of the registered users or use their personal information or disclose such personal information for any purpose other than to fulfil Your obligations under these Terms of Use; (xix) violate any code of conduct or other guidelines, which may be applicable for or to any particular OFFOZON Service; (xx) violate the Terms of Use contained herein or elsewhere, or violate any applicable laws or regulations for the time being in force within or outside India;

 

  • c. Ownership. The OFFOZON Services, Platform and OFFOZON Data (defined below), including all intellectual property rights therein are and shall at all time remain the property of OFFOZON, its affiliates or their respective licensors, as the case maybe. Neither this Terms of Use nor Your use of the OFFOZON Services, Platform or OFFOZON Data conveys or grants to You any rights: (i) in or related to the OFFOZON Services, Platform or OFFOZON Data, , except for the limited license granted under these Terms of Use; or (ii) to use or reference in any manner OFFOZON’s, its affiliates’, or their respective licensors’ company names, logos, product and service names, trademarks, service marks or other indicia of ownership. Additionally, You acknowledge OFFOZON’s rights in its OFFOZON family of trademarks and names, including OFFOZON, alone and in combination with other letters, punctuation, words, symbols and/or designs, and the OFFOZON Logo (“OFFOZON Marks and Names”). You agree that You will not try to register or otherwise claim ownership in any of the OFFOZON Marks and Names, alone or in combination with other letters, punctuation, words, symbols and/or designs, or in any confusingly similar mark or name.
  • d. For the purposes of these Terms of Use “OFFOZON Data” means all data related to the access and use of the OFFOZON Services here under, including all data related to Users (including User information), all data pertaining to Merchant, Items (Merchant Information), all data related to the provision of transportation and/or logistics services by the Delivery Partner via the OFFOZON Services and the Platform.