Terms and Conditions - Jinzo Fresh

Terms & Conditions

These terms of use mandate the terms on which users interested in browsing and/or availing the services of BRANDHOLIC E-SERVICES SERVICES (defined below), and using the application and website BRANDHOLIC E-SERVICES SERVICES owned and operated by BRANDHOLIC E-SERVICES Pvt Ltd. This Application connects with the merchants registered on the Application, merchants not registered on the Application, and with delivery partners to avail the Services of BRANDHOLIC E-SERVICES SERVICES.

Please read the Terms of Use carefully before using the Application or registering on the Application or accessing any material or information through the Application. By clicking on the "I Accept" button, You accept this Terms of Use and agree to be legally bound by the same.

Use of and access to the Application 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 BRANDHOLIC E-SERVICES Pvt Ltd at its sole discretion and posted on the Application from time to time.

For the purposes of these Terms of Use, the term 'BRANDHOLIC E-SERVICES SERVICES' or 'Us' or 'We' refers to BRANDHOLIC E-SERVICES Pvt Ltd. The term 'You' refers to the user or visitor of the Website and/or Application. When You use our services, You will be subject to the terms, guidelines, and policies applicable to such service and as outlined in these Terms of Use. As long as you obey/go along these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use our Applications and services.

GENERAL TERMS RELATING TO BRANDHOLIC E-SERVICES SERVICES DELIVERY SERVICES

Relating to Registration:

You shall be permitted to access the Application, avail the services, and connect with Merchants and Delivery Partners on the Application only upon creating an Account (as defined below) and obtaining registration on the Application. To continue using the Application, BRANDHOLIC E-SERVICES SERVICES is subject to Your continued registration on the Application. You will be required to enter Your personal information like your name, contact details, valid phone number, address, etc while registering on the Application.
As a part of the registration process, You are required to undertake a verification process to verify Your personal information and set up the Account.
BRANDHOLIC E-SERVICES Pvt Ltd shall have the right to display the information, feedback, ratings, reviews, etc. provided by You on the Application. You agree and accept that on the date of Your registration on the Application, the information provided by You is accurate. In the event of any change to such information, You shall be required to promptly inform Us of the same, in writing, at least 1 (one) week before the date on which such change shall take effect. You acknowledge and accept that BRANDHOLIC E-SERVICES Pvt Ltd has not independently verified the information provided by You. BRANDHOLIC E-SERVICES Pvt Ltd shall in no way be responsible or liable for the accuracy or completeness of the information provided by You. If You provide any information that is false and inaccurate or BRANDHOLIC E-SERVICES Pvt Ltd has reasonable grounds to suspect the same, BRANDHOLIC E-SERVICES Pvt Ltd reserves the right to suspend or terminate Your Account (defined below) and refuse any current or future use of the Application (or any part of it) at any time.

BRANDHOLIC E-SERVICES SERVICES:

The Application provides You with the following services ("BRANDHOLIC E-SERVICES SERVICES"):
It allows You to connect with Merchants and Delivery Partners;
It allows You to view the items/services ("Items") listed on the Application by the Tied Up Merchants;
It allows You to purchase Item(s) from the Tied Up Merchants listed on the Application and allows You to get the Items delivered to You through Delivery Partners ("Purchase Services");
It allows You to purchase Items from Non-Tied Up Merchants and get the same delivered to You by the Delivery Partners ("Delivery Services");
It allows you to pick up- and drop off packages from 1 (one) location to the other through the Delivery Partner ("Pick Up and Drop Off Services");
It allows You to avail the bike taxi service provided by the Delivery Partners ("Bike Taxi Services");
It allows You to avail the bike pool/share service provided by other Users, registered as Pool Partners ("Bike Pool Services");
It allows You to give ratings, write comments and reviews about Delivery Partners and Merchants;
It facilitates improvement in the quality of the services provided by BRANDHOLIC E-SERVICES Pvt Ltd on the Application based on User ratings, reviews, and feedback provided on the Application.
Once the Delivery Services/ Purchase 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 Application.
BRANDHOLIC E-SERVICES Pvt Ltd may, at its absolute sole discretion, add, modify, upgrade, extend, withdraw or alienate any of the BRANDHOLIC E-SERVICES SERVICES listed above from time to time. BRANDHOLIC E-SERVICES Pvt Ltd does not provide any guarantee to You that the BRANDHOLIC E-SERVICES SERVICES will be made available to You at all times.
You hereby agree and acknowledge that BRANDHOLIC E-SERVICES Pvt Ltd is only a facilitator between You, the Merchants and Delivery Partners (as the case may be) and BRANDHOLIC E-SERVICES Pvt Ltd only provides You with access to the Application to connect with Merchants and Delivery Partners for You to initiate transactions on the Application. You hereby agree and acknowledge that BRANDHOLIC E-SERVICES Pvt Ltd will be a party to all of the transactions that are initiated by You through the Application. Further, You hereby agree and acknowledge that BRANDHOLIC E-SERVICES Pvt Ltd 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 concerning the services being provided to You by the Merchants or the Delivery Partner, as the case may be.
You shall be eligible to avail of the BRANDHOLIC E-SERVICES SERVICES as per applicable laws. If You are purchasing any medicinal product, using the Application, for which You are required to have a valid prescription from a medical practitioner, You shall, ensure that physician, as far as possible, prescribe drugs with generic names and he/she shall ensure that there is a clear prescription and will upload the same on the Application, while initiating a transaction concerning the same on the Application. Failure to do the same shall result in the cancellation of the transaction. Only upon verification of the medical prescription, will You be able to avail the BRANDHOLIC E-SERVICES SERVICES for purchasing the required medicines.
In the case of Purchase Services, the Tied-Up Merchants must share the updated Item list along with its prices on the Application. BRANDHOLIC E-SERVICES Pvt Ltd shall not be responsible for any inaccurate Item listing on the Application. 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 Application. The above shall also apply 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 Application for the efforts of the Delivery Partner.
You shall not initiate any transaction for any Item on the Application which is illegal, immoral, unethical, unlawful, unsafe, contains a 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 Application for the purchase or delivery of any alcoholic beverages, narcotic drug or psychotropic substance, etc. Further, You hereby acknowledge and agree that BRANDHOLIC E-SERVICES Pvt Ltd shall not be liable for any indirect, direct damage or loss, cost, and expense incurred by You concerning the transactions initiated by You on the Application.
BRANDHOLIC E-SERVICES Pvt Ltd 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 BRANDHOLIC E-SERVICES Pvt Ltd shall have no liability concerning the same. However, if it comes to the knowledge of BRANDHOLIC E-SERVICES Pvt Ltd that You have packaged any illegal or dangerous substance or availed the Pick- up and Drop Off Services using the Application to deliver any illegal or dangerous substance, BRANDHOLIC E-SERVICES Pvt Ltd shall have the right to report You to the government authorities and take other appropriate legal actions against You.
You hereby acknowledge that BRANDHOLIC E-SERVICES Pvt Ltd shall not be liable for any damages of any kind arising from Your use of the BRANDHOLIC E-SERVICES SERVICES, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
BRANDHOLIC E-SERVICES Pvt Ltd shall be entitled at any time without giving any reason to terminate Your request for any BRANDHOLIC E-SERVICES SERVICES.
You hereby agree that BRANDHOLIC E-SERVICES Pvt Ltd shall not be liable for any conduct or misbehavior or actions of Delivery Partner concerning any transactions initiated on the Application. Further, You agree that BRANDHOLIC E-SERVICES Pvt Ltd has no control over the Items provided to You by the Merchants, and therefore, BRANDHOLIC E-SERVICES Pvt Ltd shall not incur any liability concerning 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
You hereby agree that scheduling and rescheduling a transaction on the Application depends upon the availability of Delivery Partners around Your area at the time of such scheduling and rescheduling a transaction. Should You choose to reschedule a transaction on the Application at a later point of time, You shall cancel the current transaction on the Application (if initiated) and initiate a new transaction on the Application, as per Your convenient time.
If a transaction initiated by You on the Application cannot be completed, BRANDHOLIC E-SERVICES Pvt Ltd shall notify You on the Application.
You agree to provide as much information as possible on the Application concerning the Items/services You wish to purchase/avail, using the Application.
BRANDHOLIC E-SERVICES Pvt Ltd shall use Your location-based information that is captured by BRANDHOLIC E-SERVICES Pvt Ltd through a global positioning system when You are using Your mobile device to request a BRANDHOLIC E-SERVICES SERVICES on its m-app. Such location-based information shall be used by BRANDHOLIC E-SERVICES Pvt Ltd only to facilitate and improve the BRANDHOLIC E-SERVICES SERVICES being offered to You.
We can’t fulfill any tasks which are immoral or unlawful in nature. BRANDHOLIC E-SERVICES Pvt Ltd reserves the right to refuse to perform many tasks on the grounds of such tasks being immoral/unethical/unlawful/banned either by BRANDHOLIC E-SERVICES Pvt Ltd’s internal policies or as per the independent discretion of BRANDHOLIC E-SERVICES Pvt Ltd. BRANDHOLIC E-SERVICES Pvt Ltd may also refuse to perform any task because such a task is prohibited under any contract to which we are the party.
You understand and acknowledge that BRANDHOLIC E-SERVICES Pvt Ltd by itself does not sell or provide any such Items. BRANDHOLIC E-SERVICES Pvt Ltd 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 Application pertaining to purchase or sale of any product from any Merchant, You may contact BRANDHOLIC E-SERVICES Pvt Ltd support for routing. your grievances to the Merchant through the Application.
You hereby acknowledge that if You have any complaint concerning the BRANDHOLIC E-SERVICES SERVICES, You will first inform BRANDHOLIC E-SERVICES Pvt Ltd in writing within 24 (twenty-four) hours of using such BRANDHOLIC E-SERVICES SERVICES.

User Information

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 BRANDHOLIC E-SERVICES Pvt Ltd. Further, You understand and agree that certain information will be case sensitive and must be handled with prudent care.
In the case where the Application is unable to establish a unique identity of the User against a valid mobile number or e-mail address, the Account shall be indefinitely suspended. BRANDHOLIC E-SERVICES Pvt Ltd 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.

Rating

You agree that: (i) after successful completion of a transaction on the Application or website, the Application will prompt you an option to provide ratings about the Delivery Partner and Merchants with respect to items sold and service performed (ii) the Delivery Partner and the Tied-Up Merchants will also be prompted to rate you on the Application on the basis of which, your rating score on the application or website will be determined and displayed.
BRANDHOLIC E-SERVICES Pvt Ltd and its affiliates reserve the right to use, share and display such ratings in connection to the business of BRANDHOLIC E-SERVICES Pvt Ltd and its affiliates. BRANDHOLIC E-SERVICES Pvt Ltd and its affiliates reserve the right to edit or remove comments if they include objectionable content, or personal information, or BRANDHOLIC E-SERVICES Pvt Ltd’s or its affiliates’ policies.
Location:You agree that your location is required for you to avail the BRANDHOLIC E-SERVICES SERVICES Delivery Services and initiate transactions on the application or website. You hereby consent to monitoring or tracking of location information by BRANDHOLIC E-SERVICES Pvt Ltd. In addition, BRANDHOLIC E-SERVICES Pvt Ltd may share your location information with Delivery Partners and Merchants.

Payment Terms

Purchase Services:While initiating a request for a Purchase Service, You shall pay for the price of the Items You require the Delivery Partners to deliver to You from the Tied Up Merchant. The transaction for the Purchase Service will be initiated on the Application once You have completed the payment for the same on the Application. In certain exceptional circumstances, if the purchase price of the Item is not available on the Application, You shall be required to pay the purchase price of the Item, through the Application, as may be communicated to You by the Delivery Partner, before the Delivery Partner undertaking Purchase Service.
Delivery Services:While availing Delivery Service, You shall pay the purchase price of the Item through the Application, as may be communicated to You by the Delivery Partner on behalf of the Non- Tied up Merchant. Only upon processing such an agreed amount via Application, shall the Delivery Partner purchase the Item on Your behalf.
Pick Up and Drop Off Services:While initiating a request for a Pick-Up and Drop Off Service, You shall pay the service fees for availing the Pick-Up and Drop Off Service, as may be displayed to You on the Application. Only upon making such payment will the Delivery Partner initiate the Pick-Up and Drop off Service.
Bike Taxi Service:While initiating a request for a Bike Taxi Services on the Application, You shall pay the service fees for availing the Bike Taxi Services, as may be displayed to You on the Application. Only upon making such payment will you be eligible to avail the Bike Taxi Service.
Bike Pool Service:While initiating a request for a Bike Pool Services on the Application, You shall pay such fare (calculated basis journey distance and time) for availing the Bike Pool Services, as may be displayed to You on the Application. Only upon making such payment will you be eligible to avail the Bike Pool Service.
Service Fees:With respect to Delivery Services and Purchase Services, You will be charged a separate service fee ("Service Fees"). The Service Fees shall be paid prior to availing any of the BRANDHOLIC E-SERVICES SERVICES.
You agree that BRANDHOLIC E-SERVICES Pvt Ltd may use certain third-party vendors and service providers, including payment gateways, to process the payments made by You on the Application.

SPECIFIC TERMS FOR BRANDHOLIC E-SERVICES SERVICES

Cancellation and Refund

BRANDHOLIC E-SERVICES Pvt Ltd shall not provide any refund for services already availed on the application.
BRANDHOLIC E-SERVICES Pvt Ltd may cancel the transaction initiated by You on the Application, if:
The designated address to avail the BRANDHOLIC E-SERVICES SERVICES service provided by You is outside the service zone of BRANDHOLIC E-SERVICES Pvt Ltd.
Failure to get your response via phone or any other communication channel at the time of confirmation of the order booking.
The transaction involves supply/delivery/purchase of any material good that is illegal, offensive or violative of the Terms of Use.
[If the transaction involves the purchase of medicines for which a medical prescription prescribed by a medical practitioner is required and for which You have not provided such medical prescription or provided an invalid medical prescription.]
Information, instructions and authorizations provided by You is not complete or sufficient to execute the transaction initiated by You on the Application.
If in case of tied-up Merchants, the Tied-Up Merchant outlet is closed.
If a Delivery Partner is not available to perform the services, as may be requested.
If any Item for which You have initiated the transaction is not in stock with the Merchant.
If the transaction cannot be completed for reasons not in control of BRANDHOLIC E-SERVICES Pvt Ltd.
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 transactions. All refunds will be credited as BRANDHOLIC E-SERVICES SERVICES credits.
Any refund on BRANDHOLIC E-SERVICES SERVICES will be credited as BRANDHOLIC E-SERVICES SERVICES credit in your BRANDHOLIC E-SERVICES SERVICES Wallet.
BRANDHOLIC E-SERVICES SERVICES credit cannot be converted into any national currency and can only be used on the BRANDHOLIC E-SERVICES SERVICES Application.
Please note that any reward wallet amount used in an order or transaction is non-refundable in the event of a cancellation or refund by the company. Once the reward wallet amount is applied to a purchase, it cannot be refunded.

Pick Up and Drop Off Services

As a part of the BRANDHOLIC E-SERVICES SERVICES service, BRANDHOLIC E-SERVICES Pvt Ltd also gives You an option to avail the Pick-Up and Drop Off Services being provided by the Delivery Partners.
You can initiate a transaction on the Application by which You may (through the help of a Delivery Partner) send packages at a particular location. The Pick-Up and Drop Off Services are provided to You directly by the Delivery Partner and BRANDHOLIC E-SERVICES Pvt Ltd merely acts as a technology platform to facilitate transactions initiated on the Application and BRANDHOLIC E-SERVICES Pvt Ltd does not assume any kind of responsibility or liability for any form of problem in services on the part of the Delivery Partner.
Upon initiation of a request for Pick Up and Drop Off Services on the Application, depending upon the availability of Delivery Partner around Your area, BRANDHOLIC E-SERVICES Pvt Ltd will assign a Delivery Partner to You. The Delivery Partner shall pick up the ordered Item from a particular location as designated by You on the Application and drop off the Items at a particular location designated by You. While performing this Pick-Up and Drop off Service, the Delivery Partner 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 drop off location has been added by You voluntarily and such information will be used for the BRANDHOLIC E-SERVICES SERVICES and shall be handled by BRANDHOLIC E-SERVICES Pvt Ltd in accordance with the terms of its Privacy Policy.
You agree that You shall not request for a Pick-Up and Drop Off Services for Items which are illegal, hazardous, dangerous, or otherwise restricted or constitute Items that are prohibited by any regulation or law or the provisions of this Terms of Use.
You agree that before requesting a Pick-up and Drop-off Service, You are in knowledge of the contents of the package sent or requested by You through a registered Delivery Partner, and that such contents are legal and within limits of transportation under any applicable laws. Such contents shall not be restricted and/or banned and/or dangerous and/or prohibited for carriage (such items include, but are not limited to, radio-active, incendiary, corrosive or flammable substances, hazardous chemicals, explosives, firearms or parts thereof and ammunition, firecrackers, cyanides, precipitates, gold and silver ore, bullion, precious metals and stones, jewellery, semi-precious stones including commercial carbons or industrial diamonds, currency (paper or coin) of any nationality, securities (including stocks and bonds, share certificates and blank signed share transfer forms), coupons, stamps, negotiable instruments in bearer form, cashier's cheques, travellers’ cheques, money orders, passports, credit/debit/ATM cards, lottery tickets and gambling devices, livestock, human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens, hazardous or bio-medical waste, wet ice, pornographic materials, contraband or any intoxicant or narcotics and psychotropic substances or any other prohibited material or material for the transportation of which specific authorisation/license is required under applicable laws).
You are also aware that the Delivery Partner may choose to perform the Pick-Up and Delivery Services requested by You.
You also agree that, upon becoming aware of the commission any offence by You or Your intention to commit any offence upon initiating a Pick-up and Drop-off Service or during a Pick-up and Drop-off service of any Item(s) restricted under applicable law, the Delivery Partner may report such information to BRANDHOLIC E-SERVICES Pvt Ltd or to the law enforcement authorities.
BRANDHOLIC E-SERVICES SERVICES Credits, Google Pay Offer, Paytm Offer and Amazon Pay Offer shall hereafter be referred to as "Offer".
You hereby agree and acknowledge that the Offers are being extended by BRANDHOLIC E-SERVICES Pvt Ltd at its sole independent discretion and You are not entitled to any of the Offers. You shall read the terms and conditions of the Offers carefully before availing them.
BRANDHOLIC E-SERVICES SERVICES credits cannot be transferred between two or more users. Also, BRANDHOLIC E-SERVICES SERVICES credits cannot be transferred to your bank account.

GENERAL TERMS OF USE

Eligibility to Use

The BRANDHOLIC E-SERVICES SERVICES is not available to minors i.e. persons under the age of 18 (eighteen) years or to any Users suspended or removed by BRANDHOLIC E-SERVICES Pvt Ltd from accessing the Application 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 BRANDHOLIC E-SERVICES SERVICES under the applicable laws.
BRANDHOLIC E-SERVICES Pvt Ltd reserves the right to refuse access to the Application, 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.
You shall not have more than 1 (one) active Account (as defined below) on the Application. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other person for the purpose of creating an account with the Application.

User Account, Password, and Security

In order to use the application/website and avail the BRANDHOLIC E-SERVICES SERVICES service, users will have to register on the application/website and create an account with a unique user identity and password. If you are using the application you will have to install the application and then proceed with registration.
You will be responsible for maintaining the confidentiality of the account information and are fully responsible for all activities that occur from your Account. You agree to (i) immediately notify BRANDHOLIC E-SERVICES Pvt Ltd of any unauthorized or uninitiated use of your Account information (ii) BRANDHOLIC E-SERVICES Pvt Ltd will not be liable for any loss or damage arising from your failure to comply with company provisions. You may be held liable for losses incurred by BRANDHOLIC E-SERVICES Pvt Ltd unauthorized use of your account as a result of your failure in keeping your Account information secure and confidential. You are expressly prohibited from using any other user’s account.

Intellectual Property Rights

The Application 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 Application, is owned by BRANDHOLIC E-SERVICES Pvt Ltd ("BRANDHOLIC E-SERVICES Pvt Ltd Property") and the design, structure, selection, coordination, expression, look and feel and arrangement of such BRANDHOLIC E-SERVICES Pvt Ltd Property is protected by copyright, patent and trademark laws, and various other intellectual property rights. You are not permitted to use BRANDHOLIC E-SERVICES Pvt Ltd Property without the prior written consent of BRANDHOLIC E-SERVICES Pvt Ltd.
The trademarks, logos and service marks displayed on the Application ("Marks") are the property of BRANDHOLIC E-SERVICES Pvt Ltd, except any trademark, logos and service marks of third parties available on the Application. You are not permitted to use the Marks without the prior consent of BRANDHOLIC E-SERVICES Pvt Ltd or such third party as may be applicable.

Disclaimer of Warranties & Liabilities

You expressly understand and agree that, to the maximum extent permitted by applicable law:
The Application and BRANDHOLIC E-SERVICES Pvt Ltd Property, BRANDHOLIC E-SERVICES SERVICES are provided by BRANDHOLIC E-SERVICES Pvt Ltd 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, BRANDHOLIC E-SERVICES Pvt Ltd makes no warranty that (i) the Application, BRANDHOLIC E-SERVICES SERVICES will meet Your requirements or Your use of the Application will be uninterrupted, timely, secure or error-free; (ii) the quality of the Application will meet Your expectations; or (iii) any errors or defects in the Application will be corrected. No advice or information, whether oral or written, obtained by You from BRANDHOLIC E-SERVICES Pvt Ltd shall create any warranty not expressly stated in the Terms of Use.
BRANDHOLIC E-SERVICES Pvt Ltd will have no liability related to any User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. BRANDHOLIC E-SERVICES Pvt Ltd also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content.
BRANDHOLIC E-SERVICES Pvt Ltd 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 Application either with or without Your knowledge.
BRANDHOLIC E-SERVICES Pvt Ltd shall not be responsible for the delay or inability to use the Application, BRANDHOLIC E-SERVICES SERVICES or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Application, or otherwise arising out of the use of the Application, whether based on contract, tort, negligence, strict liability or otherwise. Further, BRANDHOLIC E-SERVICES Pvt Ltd shall not be held responsible for non-availability of the Application during periodic maintenance operations or any unplanned suspension of access to the Application that may occur due to technical reasons or for any reason beyond BRANDHOLIC E-SERVICES Pvt Ltd's control. You understand and agree that any material or data downloaded or otherwise obtained through the Application is done entirely at Your 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

You agree to indemnify, defend and hold harmless BRANDHOLIC E-SERVICES Pvt Ltd 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 maybe 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 Application, BRANDHOLIC E-SERVICES 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.
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 Application or BRANDHOLIC E-SERVICES Pvt Ltd Property on the Application.
Your indemnification obligation under the Terms of Use will survive the termination of Your Account or use of the Application or BRANDHOLIC E-SERVICES SERVICES.
Subject to applicable laws, in no event will BRANDHOLIC E-SERVICES Pvt Ltd or its employees aggregate liability, arising from or related to the BRANDHOLIC E-SERVICES SERVICES or the use of the Application shall not exceed INR 100 for any and all causes of actions brought by You or on behalf of You.
The Application and the BRANDHOLIC E-SERVICES SERVICES are only available to Users located in India. Users shall not access or use the Application from any other jurisdiction except for India. If a User access or uses the Application from any other jurisdiction except for India, the User shall be liable to comply with all applicable laws and BRANDHOLIC E-SERVICES Pvt Ltd shall not be liable for the same, whatsoever.

Additional Terms

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 Application. 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.

Link to Third Parties

The Application may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). BRANDHOLIC E-SERVICES Pvt Ltd shall not be responsible for examining or evaluating such third party websites, and BRANDHOLIC E-SERVICES Pvt Ltd does not guarantee the products or offerings of any of these organizations or individuals, or the truthfulness and accuracy of such content. BRANDHOLIC E-SERVICES Pvt Ltd 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.

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.

Term and Termination

The Terms of Use will continue to apply until terminated by either You or BRANDHOLIC E-SERVICES Pvt Ltd as set forth below. If You object to the Terms of Use or are dissatisfied with the Application, BRANDHOLIC E-SERVICES SERVICES, Your only recourse is to (i) close Your Account on the BRANDHOLIC E-SERVICES SERVICES App; and/or (ii) stop accessing the BRANDHOLIC E-SERVICES SERVICES App. BRANDHOLIC E-SERVICES Pvt Ltd will make Your account dormant.
BRANDHOLIC E-SERVICES Pvt Ltd may, in its sole discretion, bar your use of the BRANDHOLIC E-SERVICES SERVICES at any time, for any or no reason. Even after your account with BRANDHOLIC E-SERVICES Pvt Ltd 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.
The Company may delist You or block any access to the App or suspend or terminate Your Account if it believes, in its sole 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.
Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until BRANDHOLIC E-SERVICES Pvt Ltd chooses to terminate them.
You hereby agree and acknowledge, upon termination, BRANDHOLIC E-SERVICES Pvt Ltd shall have the right to retain all information pertaining to the transactions initiated by You on the Application.

Communications

You hereby expressly agree to receive communications by way of SMSs and/or e-mails from BRANDHOLIC E-SERVICES Pvt Ltd, 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 BRANDHOLIC E-SERVICES SERVICES.

Governing Law

This Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Agra.

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 Application, please report the same to the following e-mail id: jinzo24x7@gmail.com In case You have any queries with respect to the Terms or the BRANDHOLIC E-SERVICES SERVICES, please write to Us at jinzo24x7@gmail.com .

General

Amendments:BRANDHOLIC E-SERVICES Pvt Ltd 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.
Notice:All notices from BRANDHOLIC E-SERVICES Pvt Ltd will be served by email to Your registered email address or by general notification on the Application.
Assignment:You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. BRANDHOLIC E-SERVICES Pvt Ltd’s rights under the Terms of Use are freely transferable by BRANDHOLIC E-SERVICES Pvt Ltd to any third party without the requirement of informing You or seeking Your consent.
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.
Waiver:Any failure by BRANDHOLIC E-SERVICES Pvt Ltd to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by BRANDHOLIC E-SERVICES Pvt Ltd of that provision or right.
Integration:These Terms of Use together with BRANDHOLIC E-SERVICES Pvt Ltd’s Privacy Policy and any other legal notices, communications published by BRANDHOLIC E-SERVICES Pvt Ltd on its Application, and any other agreements executed between You and BRANDHOLIC E-SERVICES Pvt Ltd shall constitute the entire agreement between you and BRANDHOLIC E-SERVICES Pvt Ltd concerning its Application, BRANDHOLIC E-SERVICES SERVICES and governs Your use of the Application and BRANDHOLIC E-SERVICES SERVICES, superseding any prior agreements between You and BRANDHOLIC E-SERVICES Pvt Ltd with respect to the Application and BRANDHOLIC E-SERVICES SERVICES
IP InfringementIf You believe the Application violates Your intellectual property, You must promptly notify BRANDHOLIC E-SERVICES Pvt Ltd in writing at [jinzo24x7@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 Application. You are required to provide the following details in Your notice:
the intellectual property that You believe is being infringed;
the item that You think is infringing and include sufficient information about where the material is located on the Application;
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 Application;
Your contact details, such as Your address, telephone number, and/or email;
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
Your physical or electronic signature.

This Services Agreement (“Agreement”) constitutes a legal agreement between an independent company in the business of providing transportation and logistics services (“Customer”) and BRANDHOLIC E-SERVICES Pvt Ltd Digital Private Limited, a private limited company registered under the Companies Act, 2013, having its offices at 47 Lawyers Colony, Girraj Nagar, Agra, Uttar Pradesh, India. PIN - 282005 (“BRANDHOLIC E-SERVICES Pvt Ltd”).
BRANDHOLIC E-SERVICES Pvt Ltd provides the BRANDHOLIC E-SERVICES SERVICES (as defined below) for the purpose of providing lead generation to transportation and logistics services providers. The BRANDHOLIC E-SERVICES SERVICES enables an authorized transportation and/or logistics provider to seek, receive and fulfill requests for item(s)/package(s) pick-up and drop, purchase of item(s) from outlets in the Territory or other person(s)/service provider(s), facilitate other logistic services, including transportation services from an authorized user of BRANDHOLIC E-SERVICES Pvt Ltd’s mobile application.
Customer is authorized to provide transportation and logistics services in the state(s) and jurisdiction(s) in which it operates, and it desires to enter into this Agreement for the purpose of accessing and using the BRANDHOLIC E-SERVICES SERVICES to enhance its independent transportation and/or logistics business, as is applicable.
Customer acknowledges and agrees that BRANDHOLIC E-SERVICES Pvt Ltd is a technology services provider that does not provide transportation or logistics or delivery services, function as a transportation/logistics carrier, nor operate as an agent for the delivery of good(s)/item(s) purchased, logistic(s) services and/or transportation of passengers.
In order to use the BRANDHOLIC E-SERVICES SERVICES, Customer must agree to the terms and conditions that are set-forth below. Upon Customer’s execution (electronic or otherwise) of this Agreement, Customer and BRANDHOLIC E-SERVICES Pvt Ltd shall be bound by the terms and conditions set-forth herein.

Partners, Drivers & Merchants

Definitions

“Affiliate” means an entity that, directly or indirectly, controls, is under the control of, or is under common control with a party, where control means having more than fifty percent (50%) of the voting stock or other ownership interest, the majority of the voting rights of such entity, the ability of such entity to ensure that the activities and business of that Affiliate are conducted in accordance with the wishes of that entity or the right to receive the majority of the income of that Affiliate on any distribution by it of all of its income or the majority of its assets on a winding up.
“City Addendum” means an addendum or supplemental information to this Agreement setting forth additional Territory-‐specific terms, as made available and as updated by BRANDHOLIC E-SERVICES Pvt Ltd from time to time.
“Device” means an BRANDHOLIC E-SERVICES Pvt Ltd Device or Driver-‐Provided Device, as the case may be.
“Driver” means a principal, employee or contractor of Customer: (a) who meets the then-‐ current BRANDHOLIC E-SERVICES Pvt Ltd requirements to be an active driver using the BRANDHOLIC E-SERVICES SERVICES; (b) whom BRANDHOLIC E-SERVICES Pvt Ltd authorizes to access the BRANDHOLIC E-SERVICES SERVICES to provide Transportation and/or Logistics Services on behalf of Customer; and (c) who has entered into the Driver Addendum.
5 “Driver ID” means the identification and password key assigned by BRANDHOLIC E-SERVICES Pvt Ltd to a Driver that enables a Driver to use and access the BRANDHOLIC E-SERVICES Pvt Ltd Partner App.
“Driver Addendum” means the terms and conditions that Customer is required to enter into with a Driver prior to such Driver providing Transportation and/or Logistics Services on behalf of Customer (as may be updated by BRANDHOLIC E-SERVICES Pvt Ltd from time to time).
“BRANDHOLIC E-SERVICES Pvt Ltd Partner App” means BRANDHOLIC E-SERVICES Pvt Ltd’s mobile application that enables independent contractor couriers to access the BRANDHOLIC E-SERVICES SERVICES for the purpose of seeking, receiving and fulfilling on-demand requests for on-demand delivery services by Users, as may be updated or modified by BRANDHOLIC E-SERVICES Pvt Ltd at its discretion from time to time.
“BRANDHOLIC E-SERVICES Pvt Ltd Data” means all data related to the access and use of the BRANDHOLIC E-SERVICES SERVICES hereunder, including all data related to Users (including User Information), all data related to the provision of Transportation and/or Logistics Services via the BRANDHOLIC E-SERVICES SERVICES and the Driver App, and the Driver ID.
“BRANDHOLIC E-SERVICES Pvt Ltd Device” means a mobile device owned or controlled by BRANDHOLIC E-SERVICES Pvt Ltd that may be provided to Customer or a Driver for the sole purpose of such Driver using the Driver App to provide Transportation and/or Logistics Services and for no other purpose whatsoever.
“BRANDHOLIC E-SERVICES SERVICES” mean BRANDHOLIC E-SERVICES Pvt Ltd’s electronic services rendered via a digital technology platform, being an on-‐demand intermediary and related services that enable transportation and/or logistics providers to seek, receive and fulfill on-‐demand requests for transportation and/ or logistics services by Users seeking such transportation and/ or logistics services; such BRANDHOLIC E-SERVICES SERVICES include access to the Driver App and BRANDHOLIC E-SERVICES Pvt Ltd’s related software, websites, payment services as described in Section 4 below, and related support services systems, as may be updated or modified by BRANDHOLIC E-SERVICES Pvt Ltd at its discretion from time to time.
“Fare” has the meaning set forth in Section 4.1.
“Logistics Services” has the meaning set forth in Section3.1
“App On-boarding Fee” shall mean the one-time amount charged by BRANDHOLIC E-SERVICES Pvt Ltd on the Customer at the time of on-boarding onto the BRANDHOLIC E-SERVICES Pvt Ltd App.
“Service Fee” has the meaning set forth in Section 4.4.
“Transportation/Logistics Services” has the meaning set forth in Section3.1.
“Territory” means the city or metro areas in the territory of India which Customer and its Drivers are enabled by the Driver App to receive requests for Transportation and/or Logistics Services.
“Tolls” means any applicable road, bridge, ferry, tunnel and airport charges and fees, including inner-city congestion, environmental or similar charges as reasonably determined by the BRANDHOLIC E-SERVICES SERVICES based on available information.
“User” means an end-user authorized by BRANDHOLIC E-SERVICES Pvt Ltd to use BRANDHOLIC E-SERVICES Pvt Ltd’s mobile application for the purpose of obtaining Transportation and/or Logistics Services offered by BRANDHOLIC E-SERVICES Pvt Ltd’s transportation and/or logistics provider customers.
“User Information” means information about a User made available to Customer or a Driver in connection with such User’s request for and use of Transportation and/or logistics Services, which may include the User’s name, pick-‐up location, contact information and photo.
“Vehicle” means any vehicle of Customer that: (a) meets the then-‐current BRANDHOLIC E-SERVICES Pvt Ltd requirements for a vehicle on the BRANDHOLIC E-SERVICES SERVICES; and (b) BRANDHOLIC E-SERVICES Pvt Ltd authorizes for use by a Driver for the purpose of providing Transportation and/or Logistics Services on behalf of Customer.

Use of the BRANDHOLIC E-SERVICES SERVICES

Driver IDs. BRANDHOLIC E-SERVICES Pvt Ltd will issue Customer a Driver ID for each Driver providing Transportation and/or logistic Services to enable Customer and each Driver to access and use the Driver App on a Device in accordance with the Driver Addendum and this Agreement. Customer agrees that it will, and that it will ensure that its Drivers will, maintain Driver IDs in confidence and not share Driver IDs with any third party other than the Driver associated with such Driver ID for the purpose of providing Transportation and/or logistics Services. Customer will immediately notify BRANDHOLIC E-SERVICES Pvt Ltd of any actual or suspected breach or improper use or disclosure of a Driver ID or the Driver App.
Provision of Transportation and/or Logistics Services. When the Driver App is active, User requests for Transportation and/or Logistics Services may appear to a Driver via the Driver App if the Driver is available and in the vicinity of the User. If a Driver accepts a User’s request for Transportation and/or Logistics Services, the BRANDHOLIC E-SERVICES SERVICES will provide certain User Information to such Driver via the Driver App, including the User’s first name and pickup location. In order to enhance User satisfaction with the BRANDHOLIC E-SERVICES Pvt Ltd mobile application and Customer’s and Driver(s) Transportation and/or Logistics Services, it is recommended that the Driver wait at least ten (10) minutes for a User to show up at the requested pick-‐up location. It is also recommended that the Driver understands the local regulation(s), including the minimum age and purchase quantity condition(s) with respect to the purchase and/or delivery of alcoholic beverages, item(s) containing tobacco including any other restricted item(s) under applicable law. The Driver will obtain the destination and/or the purchase outlet detail(s) from the User, either in person upon pickup or from the Driver App if the User elects to enter such destination and/or the purchase outlet via BRANDHOLIC E-SERVICES Pvt Ltd’s mobile application. Customer acknowledges and agrees that once a Driver has accepted a User’s request for Transportation and/or Logistics Services, BRANDHOLIC E-SERVICES Pvt Ltd’s mobile application may provide certain information about the Driver to the User, including the Driver’s first name, contact information, Customer entity name, location, and the Driver’s Vehicle’s make, license plate number, as is applicable. Customer shall not, and shall ensure that all Drivers do not, contact any Users or use any User's personal data for any reason other than for the purposes of fulfilling Transportation and/or Logistics Services. As between BRANDHOLIC E-SERVICES Pvt Ltd and Customer, Customer acknowledges and agrees that: (a) Customer and its Drivers are solely responsible for determining the most effective, efficient and safe manner to perform each instance of Transportation and/or Logistics Services; and (b) except for the BRANDHOLIC E-SERVICES SERVICES or any BRANDHOLIC E-SERVICES Pvt Ltd Devices (if applicable), Customer shall provide all necessary equipment, tools and other materials, at Customer’s own expense, necessary to perform Transportation and/or Logistics Services.
Customer’s Relationship with Users. Customer acknowledges and agrees that Customer’s provision of Transportation and/or Logistics Services to Users creates a legal and direct business relationship between Customer and the User, to which BRANDHOLIC E-SERVICES Pvt Ltd is not a party. BRANDHOLIC E-SERVICES Pvt Ltd is not responsible or liable for the actions or inactions of a User in relation to the activities of Customer, a Driver or any Vehicle. Customer shall have the sole responsibility for any obligations or liabilities to Users or third parties that arise from its provision of Transportation and/or Logistics Services. Customer acknowledges and agrees that it and each Driver are solely responsible for taking such precautions as may be reasonable and proper (including maintaining adequate insurance that meets the requirements of all applicable laws) regarding any acts or omissions of a User or third party. Customer acknowledges and agrees that BRANDHOLIC E-SERVICES Pvt Ltd may release the contact and/or insurance information of Customer and/or a Driver to a User upon such User’s reasonable request. Customer acknowledges and agrees that, unless specifically consented to by a User, neither Customer nor Driver may transport or allow alongside any Vehicle individuals other than a User and any individuals authorized by such User during the performance of Transportation and/ or Logistics Services for such User. Customer acknowledges and agrees, and shall ensure that its Drivers agree, that all Users should be transported directly to their specified destination, as directed by the applicable User, without unauthorized interruption or unauthorized stops.
Customer’s Relationship with BRANDHOLIC E-SERVICES Pvt Ltd. Customer acknowledges and agrees that BRANDHOLIC E-SERVICES Pvt Ltd’s provision to Customer of the Driver App and the BRANDHOLIC E-SERVICES SERVICES creates a legal and direct business relationship between BRANDHOLIC E-SERVICES Pvt Ltd and Customer. BRANDHOLIC E-SERVICES Pvt Ltd does not, and shall not be deemed to, director control Customer or its Drivers generally or in their performance under this Agreement specifically, including in connection with the operation of Customer’s business, the provision of Transportation and/or Logisitics Services, the acts or omissions of Drivers, or the operation and maintenance of any Vehicles. Customer and its Drivers retain the sole right to determine when and for how long each of them will utilize the Driver App or the BRANDHOLIC E-SERVICES SERVICES. Customer and its Drivers retain the option, via the Driver App, to attempt to accept or to decline or ignore a User’s request for Transportation and/or Logistics Services via the BRANDHOLIC E-SERVICES SERVICES, or to cancel an accepted request for Transportation and/or the Logiatics Services via the Driver App, subject to BRANDHOLIC E-SERVICES Pvt Ltd’s then-‐current cancellation policies. Customer acknowledges and agrees that it has complete discretion to operate its independent business and direct its Drivers at its own discretion, including the ability to provide services at any time to any third party separate and apart from Transportation and/or Logistics Services. For the sake of clarity, Customer understands that Customer retains the complete right to provide Transportation and/or Logistics services to its existing customers and to use other software application services in addition to the BRANDHOLIC E-SERVICES SERVICES. BRANDHOLIC E-SERVICES Pvt Ltd retains the right to, at any time in BRANDHOLIC E-SERVICES Pvt Ltd's sole discretion, deactivate or otherwise restrict Customer or any Driver from accessing or using the Driver App or the BRANDHOLIC E-SERVICES SERVICES in the event of a violation of this Agreement, a violation of a Driver Addendum, Customer‘s or any Driver’s disparagement of BRANDHOLIC E-SERVICES Pvt Ltd or any of its Affiliates, Customer’s or any Driver’s act or omission that causes harm to BRANDHOLIC E-SERVICES Pvt Ltd’s or its Affiliates’ brand, reputation or business as determined by BRANDHOLIC E-SERVICES Pvt Ltd in its sole discretion. BRANDHOLIC E-SERVICES Pvt Ltd also retains the right to deactivate or otherwise restrict Customer or any Driver from accessing or using the Driver App or the BRANDHOLIC E-SERVICES SERVICES for any other reason at the sole and reasonable discretion of BRANDHOLIC E-SERVICES Pvt Ltd.
Customer’s Relationship with Drivers. Customer shall have the sole responsibility for any obligations or liabilities to Drivers that arise from its relationship with its Drivers (including provision of Transportation and/or Logistics Services). Customer acknowledges and agrees that it exercises sole control over the Drivers and will comply with all applicable laws (including tax and employment laws) governing or otherwise applicable to its relationship with its Drivers. Notwithstanding Customer’s right, if applicable, to take recourse against a Driver, Customer acknowledges and agrees that it is at all times responsible and liable for the acts and omissions of its Drivers vis-‐à-‐vis Users and BRANDHOLIC E-SERVICES Pvt Ltd, even where such liability may not be mandated under applicable law. Customer shall require each Driver to enter into a Driver Addendum (as may be updated from time to time) and shall provide a copy of each executed Driver Addendum to BRANDHOLIC E-SERVICES Pvt Ltd. Customer acknowledges and agrees that BRANDHOLIC E-SERVICES Pvt Ltd is a third party beneficiary to each Driver Addendum, and that, upon a Driver’s execution of the Driver Addendum (electronically or otherwise), BRANDHOLIC E-SERVICES Pvt Ltd will have the irrevocable right (and will be deemed to have accepted the right unless it is rejected promptly after receipt of a copy of the executed Driver Addendum) to enforce the Driver Addendum against the Driver as a third party beneficiary thereof.
Customer acknowledges and agrees that: (a) after receiving Transportation Services, a User will be prompted by BRANDHOLIC E-SERVICES Pvt Ltd’s mobile application to provide a rating of such Transportation and/or Logistics Services and Driver and, optionally, to provide comments or feedback about such Transportation Services and Driver; and (b) after providing Transportation Services, the Driver will be prompted by the Driver App to provide a rating of the User and, optionally, to provide comments or feedback about the User. Customer shall instruct all Drivers to provide ratings and feedback in good faith.
Customer acknowledges that BRANDHOLIC E-SERVICES Pvt Ltd desires that Users have access to high-‐quality services via BRANDHOLIC E-SERVICES Pvt Ltd’s mobile application. In order to continue to receive access to the Driver App and the BRANDHOLIC E-SERVICES SERVICES, each Driver must maintain an average rating by Users that exceeds the minimum average acceptable rating established by BRANDHOLIC E-SERVICES Pvt Ltd for the Territory, as may be updated from time to time by BRANDHOLIC E-SERVICES Pvt Ltd in its sole discretion (“Minimum Average Rating”). In the event a Driver’s average rating falls below the Minimum Average Rating, BRANDHOLIC E-SERVICES Pvt Ltd will notify Customer and may provide the Driver in BRANDHOLIC E-SERVICES Pvt Ltd’s discretion, a limited period of time to raise his or her average rating above the Minimum Average Rating. If such Driver does not increase his or her average rating above the Minimum Average Rating within the time period allowed (if any), BRANDHOLIC E-SERVICES Pvt Ltd reserves the right to deactivate such Driver’s access to the Driver App and the BRANDHOLIC E-SERVICES SERVICES. Additionally, Customer acknowledges and agrees that repeated failure by a Driver to accept User requests for Transportation and/or Logistics Services while such Driver is logged in to the Driver App creates a negative experience for Users of BRANDHOLIC E-SERVICES Pvt Ltd’s mobile application. Accordingly, Customer agrees and shall ensure that if a Driver does not wish to accept User requests for Transportation Services for a period of time, such Driver will log off of the Driver App.
BRANDHOLIC E-SERVICES Pvt Ltd and its Affiliates reserve the right to use, share and display Driver and User ratings and comments in any manner in connection with the business of BRANDHOLIC E-SERVICES Pvt Ltd and its Affiliates without attribution to or approval of Customer or the applicable Driver. Customer acknowledges that BRANDHOLIC E-SERVICES Pvt Ltd and its Affiliates are distributors (without any obligation to verify) and not publishers of Driver and User ratings and comments, provided that BRANDHOLIC E-SERVICES Pvt Ltd 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 BRANDHOLIC E-SERVICES Pvt Ltd’s or its Affiliates’ content policies.
BRANDHOLIC E-SERVICES Pvt Ltd encourages Customers to use Driver-‐Provided Devices for providing the Transportation Services. Otherwise, BRANDHOLIC E-SERVICES Pvt Ltd will supply Customer upon request with BRANDHOLIC E-SERVICES Pvt Ltd Devices to each authorized Driver and provide the necessary wireless data plan for such Devices, provided that BRANDHOLIC E-SERVICES Pvt Ltd will require reimbursement from Customer for the costs associated with the wireless data plan of each BRANDHOLIC E-SERVICES Pvt Ltd Device and/or request a deposit for each BRANDHOLIC E-SERVICES Pvt Ltd Device. Customer acknowledges and agrees that: (a) BRANDHOLIC E-SERVICES Pvt Ltd Devices may only be used for the purpose of enabling Driver access to the BRANDHOLIC E-SERVICES SERVICES; and (b) BRANDHOLIC E-SERVICES Pvt Ltd Devices may not be transferred, loaned, sold or otherwise provided in any manner to any party other than the Driver assigned to use such BRANDHOLIC E-SERVICES Pvt Ltd Device. BRANDHOLIC E-SERVICES Pvt Ltd Devices shall at all times remain the property of BRANDHOLIC E-SERVICES Pvt Ltd, and upon the termination of this Agreement or the termination or deactivation of a Driver, Customer agrees to return to BRANDHOLIC E-SERVICES Pvt Ltd the applicable BRANDHOLIC E-SERVICES Pvt Ltd Devices within ten (10) days. Customer acknowledges and agrees that failure to timely return any BRANDHOLIC E-SERVICES Pvt Ltd Devices, or damage to BRANDHOLIC E-SERVICES Pvt Ltd Devices outside of “normal wear and tear,” will result in the forfeiture of related deposits.
If Customer elects to use any Driver-‐Provided Devices: (i) Customer and/or its Drivers are responsible for the acquisition, cost and maintenance of such Driver-‐Provided Devices as well as any necessary wireless data plan; and (ii) BRANDHOLIC E-SERVICES Pvt Ltd shall make available the Driver App for installation on such Driver-‐Provided Devices. BRANDHOLIC E-SERVICES Pvt Ltd hereby grants the authorized user of any Driver-‐Provided Device a personal, non-‐exclusive, non-‐ transferable user right to install and use the Driver App on a Driver-‐Provided Device solely for the purpose of providing Transportation and/or Logistics Services. Customer agrees to not, and shall cause each applicable Driver to not, provide, distribute or share, or enable the provision, distribution or sharing of, the Driver App (or any data associated therewith) with any third party. The foregoing right shall immediately terminate and Driver will delete and fully remove the Driver App from the Driver-‐Provided Device in the event that Customer and/or the applicable Driver ceases to provide Transportation and/or Logistics Services using the Driver-‐Provided Device. Customer agrees, and shall inform each applicable Driver that: (i) use of the Driver App on a Driver-‐Provided Device requires an active data plan with a wireless carrier associated with the Driver-‐Provided Device, which data plan will be provided by either Customer or the applicable Driver at their own expense; and (ii) use of the Driver App on a Driver-‐Provided Device as an interface with the BRANDHOLIC E-SERVICES SERVICES may consume very large amounts of data through the data plan. BRANDHOLIC E-SERVICES Pvt Ltd advises that Driver-‐Provided Devices should only be used under a data plan with unlimited or very high data usage limits, and BRANDHOLIC E-SERVICES Pvt Ltd shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan.
Location Based Services. Customer acknowledges and agrees that each Driver’s geo-location information must be provided to the BRANDHOLIC E-SERVICES SERVICES via a Device in order to provide Transportation and/or Logistics Services. Customer acknowledges and agrees, and shall inform and obtain the consent of each Driver, that: (a) the Driver’s geo-location information will be monitored and tracked by the BRANDHOLIC E-SERVICES SERVICES when the Driver is logged into the Driver App and available to receive requests for Transportation and/ or Logistics Services, or when the Driver is providing Transportation and/ or Logistics Services; (b) the approximate location of the Driver’s Vehicle will be displayed to the User before and during the provision of Transportation and/ or Logistics Services to such User. In addition, BRANDHOLIC E-SERVICES Pvt Ltd may monitor, track and share a Driver’s geo-location information obtained by the Driver App and Device for safety, security, technical, marketing and commercial purposes, including to provide and improve BRANDHOLIC E-SERVICES Pvt Ltd’s products and services.

Drivers and Vehicles

Driver Requirements. Customer acknowledges and agrees that each Driver shall at all times: (a) hold and maintain (i) a valid driver's license with the appropriate level of certification to operate the Vehicle assigned to such Driver, and (ii) all licenses, permits, approvals and authority applicable to Customer and/or Driver that are necessary to provide passenger transportation services to third parties in the Territory and/or logistic services, involving the purchase of item(s) third parties in the Territory; (b) possess the appropriate and current level of training, expertise and experience to provide Transportation and/or Logistics Services in a professional manner with due skill, care and diligence; and (c) maintain high standards of professionalism, service and courtesy. Customer acknowledges and agrees that each Driver may be subject to certain background and driving record checks from time to time in order for such Driver to qualify to provide, and remain eligible to provide, Transportation and/or Logistics Services. In addition if Customer and/or Driver are using the BRANDHOLIC E-SERVICES Pvt Ltd App to provide Transportation and/or Logistics Services in conjunction with operating a vehicle which enables passenger(s) to be ferried (“Transportation and/or Logistics Services”), such Customer and/or Driver shall comply with all applicable laws with respect thereto. Customer acknowledges and agrees that BRANDHOLIC E-SERVICES Pvt Ltd reserves the right, at any time in BRANDHOLIC E-SERVICES Pvt Ltd's sole discretion, to deactivate or otherwise restrict a Driver from accessing or using the Driver App or the BRANDHOLIC E-SERVICES SERVICES if Customer or such Driver fails to meet the requirements set forth in this Agreement or the Driver Addendum.
Vehicle Requirements. Customer acknowledges and agrees that each Vehicle shall at all times be: (a) properly registered and licensed to operate as a passenger transportation vehicle and/or Vehicle to transport Item(s) purchased in the Territory; (b) owned or leased by Customer, or otherwise in Customer’s lawful possession; (c) suitable for performing the passenger transportation service and/or Vehicle to transport item(s) as contemplated by this Agreement; and (d) maintained in good operating condition, consistent with industry safety and maintenance standards for a Vehicle of its kind and any additional standards or requirements in the applicable Territory, and in a clean and sanitary condition.
To ensure Customer’s and each of its Drivers’ compliance with all requirements in Sections 3.1 and 3.2 above, Customer must provide BRANDHOLIC E-SERVICES Pvt Ltd with written copies of all such licenses, permits, approvals, authority, registrations and certifications prior to Customer’s and the applicable Drivers’ provision of any transportation services and/or logistic services. Thereafter, Customer must submit to BRANDHOLIC E-SERVICES Pvt Ltd written evidence of all such licenses, permits, approvals, authority, registrations and certifications as they are renewed. BRANDHOLIC E-SERVICES Pvt Ltd shall, upon request, be entitled to review such licenses, permits, approvals, authority, registrations and certifications from time to time, and Customer’s failure to provide or maintain any of the foregoing shall constitute a material breach of this Agreement. BRANDHOLIC E-SERVICES Pvt Ltd reserves the right to independently verify Customer's and/or any Driver’s documentation from time to time in any way BRANDHOLIC E-SERVICES Pvt Ltd deems appropriate in its reasonable discretion.

Financial Terms

Fare Calculation and Customer Payment. Customer is entitled to charge a fare for each instance of completed Transportation Services provided to a User that are obtained via the BRANDHOLIC E-SERVICES SERVICES (“Fare”), where such Fare is calculated based upon a base fare amount plus distance (as determined by BRANDHOLIC E-SERVICES Pvt Ltd using location-based services enabled through the Device) and/or time amounts, for the applicable Territory (“Fare Calculation”). Customer is also entitled to charge User for any Tolls, taxes or fees incurred during the provision of Transportation and/or Logistics Services, if applicable. Customer: (i) appoints BRANDHOLIC E-SERVICES Pvt Ltd as Customer’s limited payment collection agent solely for the purpose of accepting the Fare, applicable Tolls and, depending on the region and/or if requested by Customer, applicable taxes and fees from the User on behalf of the Customer via the payment processing functionality facilitated by the BRANDHOLIC E-SERVICES SERVICES; and (ii) agrees that payment made by User to BRANDHOLIC E-SERVICES Pvt Ltd shall be considered the same as payment made directly by User to Customer. In addition, the parties acknowledge and agree that as between Customer and BRANDHOLIC E-SERVICES Pvt Ltd, the Fare is a recommended amount, and the primary purpose of the pre-‐arranged Fare is to act as the default amount in the event Customer does not negotiate a different amount. Customer shall always have the right to: (i) charge a fare that is less than the pre-‐arranged Fare; or (ii) negotiate, at Customer’s request, a Fare that is lower than the pre-‐arranged Fare (each of (i) and (ii) herein, a “Negotiated Fare”). BRANDHOLIC E-SERVICES Pvt Ltd shall consider all such requests from Customer in good faith. BRANDHOLIC E-SERVICES Pvt Ltd agrees to remit to Customer on at least a weekly basis: (a) the Fare less the applicable Service Fee; (b) the Tolls; and (c) depending on the region, certain taxes and ancillary fees. If Customer has separately agreed, other amounts may be deducted from the Fare prior to remittance to Customer (e.g., App On-boarding Fee(s) etc.), the order of those deductions from the Fare to be determined exclusively by BRANDHOLIC E-SERVICES Pvt Ltd. Notwithstanding anything to the contrary in this Section 4.1, if Customer is providing two-wheeler taxi Services, the following shall apply: (x) the Fare is calculated pursuant to local taxi regulations in the Territory; and (y) in some jurisdictions, Users may pay such Customer or Driver directly rather than through BRANDHOLIC E-SERVICES Pvt Ltd's mobile application (BRANDHOLIC E-SERVICES Pvt Ltd will notify Customer if (y) is applicable in its Territory).
Changes to Fare Calculation. BRANDHOLIC E-SERVICES Pvt Ltd reserves the right to change the Fare Calculation at any time in BRANDHOLIC E-SERVICES Pvt Ltd’s discretion based upon local market factors, and BRANDHOLIC E-SERVICES Pvt Ltd will provide notice to Customer in the event of such change that would result in a change in the recommended Fare. Continued use of the BRANDHOLIC E-SERVICES SERVICES after any such change in the Fare Calculation shall constitute Customer’s consent to such change.
Fare Adjustment. BRANDHOLIC E-SERVICES Pvt Ltd reserves the right to: (i) adjust the Fare for a particular instance of Transportation Services (e.g., Driver took an inefficient route, Driver failed to properly end a particular instance of Transportation Services in the Driver App, technical error in the BRANDHOLIC E-SERVICES SERVICES, etc.); or (ii) cancel the Fare for a particular instance of Transportation Services (e.g., a User is charged for Transportation Services that were not provided, in the event of a User complaint, fraud, etc.). BRANDHOLIC E-SERVICES Pvt Ltd’s decision to reduce or cancel the Fare in any such manner shall be exercised in a reasonable manner.
Service Fee. In consideration of BRANDHOLIC E-SERVICES Pvt Ltd’s provision of the BRANDHOLIC E-SERVICES SERVICES, the Customer may pay BRANDHOLIC E-SERVICES Pvt Ltd a service fee on a per Transportation and/or Logistics Services transaction basis calculated as a percentage of the Fare (regardless of any Negotiated Fare), as provided to Customer via email or otherwise made available electronically by BRANDHOLIC E-SERVICES Pvt Ltd from time to time for the applicable Territory (“Service Fee”). Unless regulations applicable to Customer’s Territory require otherwise, taxes will be calculated and charged on the Fare, and BRANDHOLIC E-SERVICES Pvt Ltd shall calculate the Service Fee based on the Fare inclusive of such taxes. BRANDHOLIC E-SERVICES Pvt Ltd reserves the right to change the Service Fee at any time in BRANDHOLIC E-SERVICES Pvt Ltd’s discretion based upon local market factors, and BRANDHOLIC E-SERVICES Pvt Ltd will provide notice to Customer in the event of such change. Continued use of the BRANDHOLIC E-SERVICES SERVICES after any such change in the Service Fee calculation shall constitute Customer’s consent to such change. In addition, with respect to Taxi Services in the applicable Territory, Customer agrees to pay BRANDHOLIC E-SERVICES Pvt Ltd a booking fee in consideration of BRANDHOLIC E-SERVICES Pvt Ltd’s provision of the Driver App and the BRANDHOLIC E-SERVICES SERVICES.
Cancellation Charges. Customer acknowledges and agrees that Users may elect to cancel requests for Transportation and/or Logistics Services that have been accepted by a Driver via the Driver App at any time prior to the Driver’s arrival. In the event that a User cancels an accepted request for Transportation and/or Logistic Services, BRANDHOLIC E-SERVICES Pvt Ltd may charge the User a cancellation fee on behalf of the Customer. If charged, this cancellation fee shall be deemed the Fare for the cancelled Transportation and/or Logistics Services for the purpose of remittance to Customer hereunder (“Cancellation Fee”). The parties acknowledge that and agree that as between Customer and Company, this Cancellation Fee is a recommended amount, and the primary purpose of such Cancellation Fee is to act as the default amount in the event Customer does not negotiate a different amount. Customer shall always have the right to: (i) charge a cancellation fee that is less than the Cancellation Fee; or (ii) negotiate, at Customer’s request, a cancellation fee that is lower than the Cancellation Fee (each of (i) and (ii) herein, a “Negotiated Cancellation Fee”). If charged, the Cancellation Fee (regardless of any Negotiated Cancellation Fee) shall be deemed the Fare for the cancelled Transportation and/or Logistics Services for the purpose of remittance to the Customer hereunder.
As part of the BRANDHOLIC E-SERVICES SERVICES, BRANDHOLIC E-SERVICES Pvt Ltd provides Customer a system for the delivery of receipts to Users for Transportation and/or Logistics Services rendered on the BRANDHOLIC E-SERVICES Pvt Ltd Application. Upon the completion of Transportation and/or Logistics Services for a User by a Driver, BRANDHOLIC E-SERVICES Pvt Ltd prepares an applicable receipt and issues such receipt to the User via email on behalf of the Customer and applicable Driver. Such receipts are also provided via email or the online portal available to the Customer on the BRANDHOLIC E-SERVICES SERVICES. Receipts include the breakdown of amounts charged to the User for Transportation and/or Logistics Services and may include specific information about the Customer and applicable Driver, including the Customer’s entity name and contact information, as well as a map of the route taken by the Driver. Customer shall inform Drivers that any corrections to a User’s receipt for Transportation and/or Logistics Services must be submitted to BRANDHOLIC E-SERVICES Pvt Ltd in writing within three (3) business days after the completion of such Transportation and/or Logistics Services. Absent such a notice, BRANDHOLIC E-SERVICES Pvt Ltd shall not be liable for any mistakes in or corrections to the receipt or for recalculation or disbursement of the Fare.
Application Advertisement; Marketing. Customer acknowledges and agrees that, for the mutual benefit of the parties, through advertising and marketing, BRANDHOLIC E-SERVICES Pvt Ltd and/or its Affiliates may seek to attract new Users to BRANDHOLIC E-SERVICES Pvt Ltd and to increase existing Users’ use of BRANDHOLIC E-SERVICES Pvt Ltd’s mobile application.
Customer acknowledges and agrees that it is required to: (a) complete all tax registration obligations and calculate and remit all tax liabilities related to the provision of Transportation Services as required by applicable law; and (b) provide BRANDHOLIC E-SERVICES Pvt Ltd with all relevant tax information. Customer further acknowledges and agrees that Customer and each of its Drivers are responsible for taxes on their own income arising from the performance of Transportation and or Logistics Services. Notwithstanding anything to the contrary in this Agreement, BRANDHOLIC E-SERVICES Pvt Ltd may in its reasonable discretion based on applicable tax and regulatory considerations, collect and remit taxes resulting from Customer’s and/or any Driver’s provision of Transportation and/or Logistics Services and/or provide any of the relevant tax information Customer and/or any Driver has provided pursuant to the foregoing requirements in this Section 4.8 directly to the applicable governmental tax authorities on Customer’s and/or the applicable Driver’s behalf or otherwise.

Proprietary Rights & License

License Grant. Subject to the terms and conditions of this Agreement, BRANDHOLIC E-SERVICES Pvt Ltd hereby grants Customer a non-exclusive, royalty-free, non-transferable, non-sub-licensable, non-assignable license, during the term of this Agreement, to use (and allows its Drivers to use) the Driver App in connection with the provision by BRANDHOLIC E-SERVICES Pvt Ltd of the BRANDHOLIC E-SERVICES SERVICES solely for the purpose of providing Transportation and/or Logistics Services to Users and tracking resulting Fares and Fees. All rights not expressly granted to Customer are reserved by BRANDHOLIC E-SERVICES Pvt Ltd, its Affiliates and their respective licensors.
Customer shall not, and shall not allow any other party to: (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise provide or make available to any other party the BRANDHOLIC E-SERVICES SERVICES, Driver App or any BRANDHOLIC E-SERVICES Pvt Ltd Device in any way; (b) modify or make derivative works based upon the BRANDHOLIC E-SERVICES SERVICES or Driver App; (c) improperly use the BRANDHOLIC E-SERVICES SERVICES or Driver App, including creating Internet “links” to any part of the BRANDHOLIC E-SERVICES SERVICES or Driver App, “framing” or “mirroring” any part of the BRANDHOLIC E-SERVICES SERVICES or Driver App on any other websites or systems, or “scraping” or otherwise improperly obtaining data from the BRANDHOLIC E-SERVICES SERVICES or Driver App; (d) reverse engineer, decompile, modify, or disassemble the BRANDHOLIC E-SERVICES SERVICES or Driver App, except as allowed under applicable law; or (e) send spam or otherwise duplicative or unsolicited messages. In addition, Customer shall not, and shall not allow any other party to, access or use the BRANDHOLIC E-SERVICES SERVICES or Driver App 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 BRANDHOLIC E-SERVICES 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 BRANDHOLIC E-SERVICES SERVICES; or (iv) attempt to gain unauthorized access to the BRANDHOLIC E-SERVICES SERVICES or its related systems or networks.
The BRANDHOLIC E-SERVICES SERVICES, Driver App and BRANDHOLIC E-SERVICES Pvt Ltd Data, including all intellectual property rights therein, and the BRANDHOLIC E-SERVICES Pvt Ltd Devices are and shall remain the property of BRANDHOLIC E-SERVICES Pvt Ltd, its Affiliates or their respective licensors. Neither this Agreement nor Customer’s use of the BRANDHOLIC E-SERVICES SERVICES, Driver App or BRANDHOLIC E-SERVICES Pvt Ltd Data conveys or grants to Customer any rights: (a) in or related to the BRANDHOLIC E-SERVICES SERVICES, Driver App or BRANDHOLIC E-SERVICES Pvt Ltd Data, except for the limited license granted above; or (b) to use or reference in any manner BRANDHOLIC E-SERVICES Pvt Ltd’s, its Affiliates’, or their respective licensors’ company names, logos, product and service names, trademarks, service marks or other indicia of ownership. Additionally, Customer acknowledges BRANDHOLIC E-SERVICES Pvt Ltd’s rights in its BRANDHOLIC E-SERVICES Pvt Ltd family of trademarks and names, including BRANDHOLIC E-SERVICES Pvt Ltd, alone and in combination with other letters, punctuation, words, symbols and/or designs, the BRANDHOLIC E-SERVICES Pvt Ltd Logo and/or the BRANDHOLIC E-SERVICES Pvt Ltd Pillion (“BRANDHOLIC E-SERVICES Pvt Ltd Marks and Names”). Customer agrees it will not, and it will ensure that its Drivers do not, try to register or otherwise claim ownership in any of the BRANDHOLIC E-SERVICES Pvt Ltd Marks and Names, alone or in combination with other letters, punctuation, words, symbols and/or designs, or in any confusingly similar mark or name.

Confidentiality

Each party acknowledges and agrees that in the performance of this Agreement it may have access to or may be exposed to, directly or indirectly, confidential information of the other party ("Confidential Information"). Confidential Information includes BRANDHOLIC E-SERVICES Pvt Ltd Data, Driver IDs, User Information, and the transaction volume, marketing and business plans, business, financial, technical, operational and such other non-‐public information of each party (whether disclosed in writing or verbally) that such party designates as being proprietary or confidential or of which the other party should reasonably know that it should be treated as confidential.
Each party acknowledges and agrees that: (a) all Confidential Information shall remain the exclusive property of the disclosing party; (b) it shall not use Confidential Information of the other party for any purpose except in furtherance of this Agreement; (c) it shall not disclose Confidential Information of the other party to any third party, except to its employees, officers, contractors, agents and service providers ("Permitted Persons") as necessary to perform under this Agreement, provided Permitted Persons are bound in writing to obligations of confidentiality and non-‐use of Confidential Information no less protective than the terms hereof; and (d) it shall return or destroy all Confidential Information of the disclosing party upon the termination of this Agreement or at the request of the other party (subject to applicable law and, with respect to BRANDHOLIC E-SERVICES Pvt Ltd, its internal record-keeping requirements).
Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it: (a) is or becomes part of the public domain through no act or omission on the part of the receiving party; (b) was possessed by the receiving party prior to the date of this Agreement without an obligation of confidentiality; (c) is disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto; or (d) is required to be disclosed pursuant to law, court order, subpoena or governmental authority, provided the receiving party notifies the disclosing party thereof and provides the disclosing party a reasonable opportunity to contest or limit such required disclosure.

Privacy

Subject to all applicable laws, BRANDHOLIC E-SERVICES Pvt Ltd may provide to a third party any information (including personal data and any BRANDHOLIC E-SERVICES Pvt Ltd Data) about Drivers provided hereunder if: (a) there is a complaint, dispute or conflict, including an accident, between a Driver and a User; (b) it is necessary to enforce the terms of the Agreement; (c) it is required, in BRANDHOLIC E-SERVICES Pvt Ltd’s or any Affiliate’s sole discretion, by applicable law or regulation; (d) it is necessary, in BRANDHOLIC E-SERVICES Pvt Ltd’s or any Affiliate’s sole discretion, to(1) protect the safety, rights, property or security of BRANDHOLIC E-SERVICES Pvt Ltd, the BRANDHOLIC E-SERVICES SERVICES or any third party, (2) detect, prevent or otherwise address fraud, security or technical issues, and/or (3) prevent or stop activity which BRANDHOLIC E-SERVICES Pvt Ltd or any of its Affiliates, in their sole discretion, consider to be, or to pose a risk of being, illegal, unethical or legally actionable; or (e) it is required or necessary, in BRANDHOLIC E-SERVICES Pvt Ltd’s or any Affiliate’s sole discretion, for insurance or other purposes related to Customer’s and/or Driver’s ability to qualify, or remain qualified, to use the BRANDHOLIC E-SERVICES SERVICES. Customer understands that BRANDHOLIC E-SERVICES Pvt Ltd may retain Customer’s and/or Driver(s) personal data for legal, regulatory, safety, and other necessary purposes after this Agreement is terminated. BRANDHOLIC E-SERVICES Pvt Ltd processes personal data (including that referenced in Section 2.8 above) in accordance with its privacy policy located at www.BRANDHOLIC E-SERVICES Pvt Ltd.in.

Miscellaneous Terms

BRANDHOLIC E-SERVICES Pvt Ltd reserves the right to modify the terms and conditions of this Agreement or the Driver Addendum at any time, effective upon publishing an updated version of this Agreement or the Driver Addendum, as applicable, on the online portal available to Customer on the BRANDHOLIC E-SERVICES SERVICES. BRANDHOLIC E-SERVICES Pvt Ltd reserves the right to modify any information referenced at hyperlinks from this Agreement from time to time. Customer hereby acknowledges and agrees that, by using the BRANDHOLIC E-SERVICES SERVICES, or downloading, installing or using the Driver App, Customer is bound by any future amendments and additions to this Agreement, information referenced at hyperlinks herein, or documents incorporated herein, including with respect to Fare Calculations. Continued use of the BRANDHOLIC E-SERVICES SERVICES or Driver App after any such changes shall constitute Customer’s consent to such changes.
Supplemental Terms. Supplemental terms may apply to Customer’s and Driver’s use of the BRANDHOLIC E-SERVICES SERVICES, such as use policies or terms related to certain features and functionality and/or zero tolerance/shipping policies, which may be modified from time to time (“Supplemental Terms”). Customer may be presented with certain Supplemental Terms from time to time. Supplemental Terms are in addition to, and shall be deemed a part of, this Agreement. Supplemental Terms shall prevail over this Agreement in the event of a conflict.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of this Agreement but the legality, validity and enforceability of the remainder of this Agreement shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable (part of the) provision with a (part of a) provision that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable (part of the) provision, given the contents and purpose of this Agreement.
Customer may not assign or transfer this Agreement or any of its rights or obligations hereunder, in whole or in part, without the prior written consent of the other party. BRANDHOLIC E-SERVICES Pvt Ltd may assign or transfer this Agreement or any or all of its rights or obligations hereunder, in whole or in part, under this Agreement from time to time without consent.
Entire Agreement. This Agreement, including the recitals and all Supplemental Terms, constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In this Agreement, the words “including” and “include” mean “including, but not limited to.” The recitals form a part of this Agreement.
No Third-Party Beneficiaries. Except as otherwise set forth in Section 2.5 above, Customer acknowledges that there are no third-party beneficiaries to this Agreement. Nothing contained in this Agreement is intended to or shall be interpreted to create any third-party beneficiary claims.
Any notice delivered by BRANDHOLIC E-SERVICES Pvt Ltd to Customer under this Agreement will be delivered by email to the email address associated with Customer’s account or by posting on the online portal available to the Customer on the BRANDHOLIC E-SERVICES SERVICES. Any notice delivered by Customer to BRANDHOLIC E-SERVICES Pvt Ltd under this Agreement will be delivered by contacting BRANDHOLIC E-SERVICES Pvt Ltd on legal@BRANDHOLIC E-SERVICES Pvt Ltd.in and/or its support representatives. Additional Territory-‐specific notices may be required from time to time.
Governing Law; Arbitration. This Agreement shall be governed exclusively by laws of India and the Parties expressly submit to the exclusive jurisdiction of the courts of Bangalore. In the event of any dispute, claim or controversy arising under, or in relation to, this Agreement (“Dispute”), such Dispute shall be resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The Dispute shall be settled by a sole arbitrator, jointly appointed by the Parties. If the Parties are unable to appoint a sole arbitrator by way of mutual consent, then such arbitrator shall be appointed pursuant to the provisions of Section 11 of the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be Bengaluru, India and the arbitration proceedings shall be governed by the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time. All arbitration proceedings shall be conducted in English. The arbitration award shall be final and binding on the Parties and shall be enforceable in any competent court of law, and the Parties agree to be bound thereby and to act accordingly.
By clicking “I accept” on the BRANDHOLIC E-SERVICES Pvt Ltd App or signing below (as such may be required by applicable law), Customer expressly acknowledges that Customer has read, understood, and taken steps to thoughtfully consider the consequences of this Agreement, that Customer agrees to be bound by the terms and conditions of this Agreement, and that Customer is legally competent to enter into this Agreement with BRANDHOLIC E-SERVICES Pvt Ltd.

Pick Up and Drop Off Terms

As agreed by you in the Terms of Use, BRANDHOLIC E-SERVICES Pvt Ltd enables a registered user of the BRANDHOLIC E-SERVICES Pvt Ltd App to connect with independent service providers (“BRANDHOLIC E-SERVICES Pvt Ltd Partner”), to fulfil tasks raised by such user. Such tasks could include, tasks to pick up and drop items from one location (“Pick-Up Location”) and to drop to another location (“Drop Location”) (such pick-up and drop off tasks, “Pick-up/Drop-off Task(s)”).
You understand and agree that the pick-up and drop service is provided to you by the BRANDHOLIC E-SERVICES Pvt Ltd Partner directly. BRANDHOLIC E-SERVICES Pvt Ltd merely acts as a technology platform to facilitate such tasks raised by you, and BRANDHOLIC E-SERVICES Pvt Ltd does not assume any responsibility or liability for any deficiency in the service on part of the BRANDHOLIC E-SERVICES Pvt Ltd Partner.
You agree that if the BRANDHOLIC E-SERVICES Pvt Ltd Partner picks up certain item(s) from a Pick-Up Location on Your behalf, the BRANDHOLIC E-SERVICES Pvt Ltd Partner does so on your sole instructions under the task raised by you. BRANDHOLIC E-SERVICES Pvt Ltd is not a retail store, restaurant, food delivery service, merchandise delivery service, a courier or shipping service or food preparation entity.
You acknowledge and agree that the Pick-Up Location and the Drop Location have been voluntarily added by you on the BRANDHOLIC E-SERVICES Pvt Ltd App. You agree that your location data is collected in accordance with BRANDHOLIC E-SERVICES Pvt Ltd’s Privacy Policy.
You agree that you shall not request for a Pick-up/Drop-off Task on the BRANDHOLIC E-SERVICES Pvt Ltd App, for item(s) which are illegal, hazardous, dangerous, or otherwise restricted or constitute items which are prohibited by any statute or law or regulation.
You agree that before initiating a Pick-up/Drop-off Task on the BRANDHOLIC E-SERVICES Pvt Ltd Application, you are well aware of these contents of the package sent or requested by you through registered BRANDHOLIC E-SERVICES Pvt Ltd Partners, 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 (such items include, but are not limited to, radio-active, incendiary, corrosive or flammable substances, hazardous chemicals, explosives, firearms or parts thereof and ammunition, firecrackers, cyanides, precipitates, gold and silver ore, bullion, precious metals and stones, jewelry, semi-precious stones including commercial carbons or industrial diamonds, currency (paper or coin) of any nationality, securities (including stocks and bonds, share certificates and blank signed share transfer forms), coupons, stamps, negotiable instruments in bearer form, cashier's cheques, travellers’ cheques, money orders, passports, credit/debit/ATM cards, antiques, works of art, lottery tickets and gambling devices, livestock, fish, insects, animals, plants and plant material, human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens, hazardous or bio-medical waste, wet ice, pornographic materials, contraband, bottled alcoholic beverages or any intoxicant or narcotics and psychotropic substances).
You also agree that you shall not request for dispatch of item(s) which require a special transportation permit or require any special license under applicable law.
You are also aware that the BRANDHOLIC E-SERVICES Pvt Ltd Partner may choose to not deliver item(s) for any reason whatsoever.
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 Task of any item(s) stipulated under paragraph 6 of these PND Terms or otherwise restricted under applicable law, the BRANDHOLIC E-SERVICES Pvt Ltd Partner may report such information to the law enforcement authorities.

Community Guidelines

For everyone in our community

The World Health Organisation recommends we all remember the ‘Five’
HANDS Wash them often
ELBOW Cough into it
FACE Don't touch it
FEET Stay more than 3 feet apart
FEEL sick or unwell? Stay home
Please follow guidelines prescribed by WHO, Central Government, and local authorities. We can overcome this, but only if we do it together.
In light of COVID-19, we would like to take this time to put forth community guidelines for our users.

For our users

BRANDHOLIC E-SERVICES SERVICES during COVID-19: During the containment of the COVID-19 virus, BRANDHOLIC E-SERVICES Pvt Ltd Partners will only deliver essential items as categorized by the local authorities. Essential products like medicines must be made through the “medicine” category and with a valid prescription only. Under no circumstances, will your partner deliver any non-essential items or habit-forming substances like cigarettes or tobacco. Please refrain from asking your partner to purchase something outside of the app.
Responsible Use of BRANDHOLIC E-SERVICES SERVICES: You must use BRANDHOLIC E-SERVICES SERVICES responsibly and in compliance with the law. Please ensure that you handover to the BRANDHOLIC E-SERVICES Pvt Ltd Partners only essential items/products that can be transported under the prevailing guidelines issued by central, state and local authorities. Your Partner can refuse to complete an order, if they feel otherwise, or can contact local authorities if they wish to. Note, if you misuse the platform, your partner can run into trouble as well. You must use the service responsibly.
Introducing No Contact Delivery: In order to limit contact, No Contact Delivery has been introduced. Please let your partner know via the in-app chat, or over a phone call to leave your order at a mutually decided spot. If you or a family member is unwell, please do opt for the no-contact delivery. Pro Tip: Leave a bag or a box at the door for your partner to drop your items off.
Item Restriction: Hygiene and essential items like sanitizers or groceries might be limited in number currently. Please be respectful and avoid hoarding of items, to ensure resources are adequately distributed amongst the community.
Tipping: Your BRANDHOLIC E-SERVICES Pvt Ltd partner is going the extra mile so that you can stay safe indoors. We have introduced Tipping, whereby you can show appreciation to your partner for being there for you. 100% of your tip will be provided to your Partner
Be Respectful: Your BRANDHOLIC E-SERVICES Pvt Ltd partners are doing their best to ensure you get your item delivered on time. Treat your partners the way you would like to be treated. Please be respectful, and know they’re doing their best so that you can stay indoors and be safe
An inclusive Community: At BRANDHOLIC E-SERVICES Pvt Ltd, we celebrate inclusion and diversity amongst our large community of users, partners, merchants, and employees. Remember, when you use BRANDHOLIC E-SERVICES Pvt Ltd, you might interact with people who look or think differently from you. Promoting a respectful community is one of our key values and we do not support any form of discrimination, among our large community of users, partners, merchants and employees.

For your Partners

Containing Community Spread: All your partners are aware and following recommended preventive measures to ensure you and our community can stay safe.
Insurance: All BRANDHOLIC E-SERVICES Pvt Ltd Partners are now COVID insured. If a partner does contract the virus, their account will be automatically placed on hold until they recover. They will be compensated for their time to recover through the insurance.
Social Distancing at Stores: A tech solution to queue orders enables the Partners to keep a safe distance at stores and avoid overcrowding while ensuring orders are also fulfilled. Your partner will be standing in line and waiting his/her turn patiently. You must be patient as well.
Remote Onboarding: If you wish to sign up during this time to serve your city as a BRANDHOLIC E-SERVICES Pvt Ltd Partner, by ensuring essentials reach those who need it the most, please sign up here. You can be onboarded through our remote onboarding facility.

By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to BRANDHOLIC E-SERVICES PRIVATE LIMITED .

BRANDHOLIC E-SERVICES PRIVATE LIMITED is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.

The BRANDHOLIC E-SERVICES app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the BRANDHOLIC E-SERVICES app won’t work properly or at all.

You should be aware that there are certain things that BRANDHOLIC E-SERVICES PRIVATE LIMITED will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but BRANDHOLIC E-SERVICES PRIVATE LIMITED cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.

If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.

Along the same lines, BRANDHOLIC E-SERVICES PRIVATE LIMITED cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, BRANDHOLIC E-SERVICES PRIVATE LIMITED cannot accept responsibility.

With respect to BRANDHOLIC E-SERVICES PRIVATE LIMITED ’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. BRANDHOLIC E-SERVICES PRIVATE LIMITED accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.

At some point, we may wish to update the app. The app is currently available on Android – the requirements for system(and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. BRANDHOLIC E-SERVICES PRIVATE LIMITED does not promise that it will always update the app so that it is relevant to you and/or works with the Android version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.

Changes to This Terms and Conditions

We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We may not notify you for the changes. These changes are effective immediately after they are posted on this page.

Contact Us

If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us.