DELIVERY PARTNER TERMS AND CONDITIONS

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. By clicking on the “I ACCEPT” button, You are consenting to be bound by these Delivery Partner T&C for using the Speedyy DP Platform by Techshack Pvt. Ltd, registered office at Office no 1006, 10th floor, Hubtown Solaris NS Phadke road, Saiwadi Andheri (E) Mumbai 400069, though you are not in direct employment of Techshack Pvt. Ltd and are provided by contractor M/s. Eagle Eye Multipurpose Services, for the purpose of receiving orders and delivering the food and beverages to the Users. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE DELIVERY PARTNER T&C BEFORE YOU USE THE SERVICE OF THE SPEEDYY DP PLATFORM, AS YOU SHALL BE BOUND BY ALL THE DELIVERY PARTNER T&C CONTAINED HEREIN upon clicking on the “I ACCEPT” button. If you do not accept any of the Delivery Partner T&C, please do not use the Speedyy DP Platform or avail any of the services being provided therein.

Your engagement with Speedyy to use the services of the Speedyy DP Platform are subject to acceptance of M/s. Eagle Eye Multipurpose Services (Contractor engaging Delivery Partner) and these T&C. Speedyy reserves the right, at its sole discretion, to change, modify, add or remove these Delivery Partner T&C, in part or in whole, at any time, without prior notice to Delivery partner. It is Delivery Partner’s responsibility and duty to check the Delivery Partner T&C periodically for changes. Your continued use of the Speedyy DP Platform following the posting of changes will mean that You accept and agree to the changes. As long as You comply with these Delivery Partner T&C, Speedyy grants You a personal, non-exclusive, non-transferable, limited privilege to enter and use the service on the Speedyy DP Platform.

1. APPLICABILITY OF DELIVERY PARTNER T&C

These Delivery Partner T&C together with the Agreement with the Contractor shall form the complete understanding between the Parties. By

accepting these Delivery Partner T&C, You acknowledge and agree to the Delivery Partner T&C and Speedyy policies that Speedyy makes applicable

to You from time to time, to the fullest extent possible. 

2. SERVICE

i. Subject to terms and conditions contained in these Delivery Partner T&C and the Agreement with contractor, the Delivery Partner agrees to makes himself available on the Speedyy DP Platform to undertake Delivery Services as and when a request for the same is placed by a User through the Speedyy DP Platform, and to provide Delivery Services to the Users to the best of his abilities.

ii. Delivery Partner agrees and acknowledges that the upon acceptance of an order by the Delivery Partner, Delivery Services undertaken by

him shall constitute a separate contract for services under the Consumer Protection Act, 2019 or any successor legislations, between the Delivery Partner and the User, to which Speedyy is not a party.

iii. The Delivery Partner shall create a log-in ID on the Speedyy DP Platform to be able to render Delivery Services. The Delivery Partner acknowledges that the sign-in details, including the username and password, are confidential and, accordingly, shall not share them with any third party, without written approval from Speedyy.  

iv. The Delivery Partner shall have access to the Speedyy DP Platform at all times unless there is a technical glitch or if the Speedyy DP Platform is being updated. Once logged-in, the Delivery Partner shall remain available and shall be able to connect with the Users for the purpose of receiving orders placed by the Users and undertaking Delivery Services in connection with the same.

v. The Delivery Partner confirms and acknowledges that by logging-in on the Speedyy DP Platform, he agrees to be tracked by Speedyy via GPS enabled tracking technology and Speedyy may share this information with Users on a real-time basis for the purpose of enabling the status of the Delivery Services being provided by the Delivery Partner to the Users. The Delivery Partner further agrees that logging-in on the Speedyy DP Platform shall be deemed acceptance of the Delivery Partner’s intention to accept orders of Users to render the Delivery Services mentioned herein.

vi. All reasonable attempts shall be made by the Delivery Partner to collect the order from the Restaurant Partners and deliver it to the Users, as quickly and efficiently as possible.

vii. Services under these Delivery Partner T&C or the Agreement. All queries and questions raised by the Delivery Partner, including but not limited to how to collect an order from the outlet of a Restaurant Partner, directions for the delivery address, manner to keep and store the food and beverages while in transit shall be directed to a Lead Business Associate for the particular area from where the Delivery Partner is operating to render the Delivery Services.

3. OBLIGATIONS OF DELIVERY PARTNER

i. Delivery Partner makes himself/herself available to undertake Delivery Services as and when a request for the same is placed by User through the Speedyy DP Platform.

ii. Delivery Partner shall use his personal vehicle for providing Delivery Services. No vehicle of any kind shall be provided by Speedyy under any circumstances.

iii. The Delivery Partner shall ensure that the Delivery Partner Vehicle is well maintained and in good condition so that there are no delays in rendering Delivery Services.

iv. All expenses incurred in maintaining, running and riding the Delivery Partner Vehicle shall be borne exclusively by the Delivery Partner unless otherwise agreed by Speedyy.

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

vi. The Delivery Partner shall have a valid and adequate insurance coverage of the Delivery Vehicle.  Delivery Partner shall ensure that the insurance is valid, up to date.

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

viii. Delivery Partner shall not commit any fraud while providing Delivery Services or otherwise commit any act or omission, to gain any undue advantage. Delivery Partner agrees and acknowledges that in case Speedyy believes that the Delivery Partner has committed any of the foregoing while undertaking Delivery Services, Speedyy shall, report the same to M/s. Eagle Eye Multipurpose Services the contractor providing Delivery partners and appropriate action will be taken.

ix. At no time whatsoever shall the Delivery Partner tamper, damage, open or do anything to the food and beverages orders of the Users that he/she is not specifically permitted to do.

x. The Delivery Partner shall maintain the welcome kit in good condition at all times and immediately return it to Speedyy, upon the termination of service through Contractor or otherwise.

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

xii. Upon receiving any order to render Delivery Services after logging-in the Speedyy DP Platform, the Delivery Partner shall act and perform his role in an ethical manner and to the best of his abilities by ensuring a timely pick-up and delivery. In case of any delays due to traffic, the Delivery Partner shall inform the Restaurant Partner and the User and follow instructions as given by them.

xv. Delivery Partners Specific Guidelines for Alcohol or Alcoholic beverage deliveries:

1. Delivery Partner shall not accept orders for alcohol delivery, if your age is below 21 years.

2. Delivery Partner shall not pick up an order if the packaging of alcoholic beverage is not proper.

3. Delivery Partner shall not deliver any orders outside the licensed working hours.

4. Delivery Partner shall keep the alcoholic beverage with him at all times until it is delivered.

5. Delivery Partner shall not hand over the order to a customer, if you know or suspect that the customer is:

a. Unstable,

b. Drunk,

c. Going to take part in a riot or any other crime,

d. A Government official, on duty or in uniform,

e. Below the legal drinking age, as per respective state laws,

6. Delivery Partner shall not deliver the alcoholic beverage if the customer asks him to:

a. deliver in a public place: and/or

b. deliver at a location that is different from the location mentioned in the order.

7. Always carry a government-issued valid photo ID

8. If the order is cancelled, immediately return the product/s in the original condition to the store from where you purchased it. Also, return the bill.

9. If Excise officials stop you for inspection, you will inform them that you are delivering the order processed by us and show them the letter of authority issued by the government. The letter is available on the mobile app.

xvi. Delivery Partners Specific Guidelines for Cigarette deliveries. 

1. Delivery Partner shall not complete any orders placed for a loose cigarette.

2. Delivery Partner shall not deliver cigarettes to customers who are below 18 years of age

3. Delivery Partner shall verify the customer’s age by asking for identity proof, if Delivery Partner has reason to believe that such customer’s age is below 18 years

xiii. Delivery Partner shall ensure that the food and beverages are packed well and the order is picked up from the restaurant and delivered to the customer in the same condition and If for any reason customer refuses to take delivery of food or beverages the same shall be brought back to the office of Speedyy along with the bill.

xiv. The Delivery Partner acknowledges that the goodwill and reputation of Speedyy is at stake with how effectively and efficiently the Delivery Partner renders Delivery Services pursuant to these Delivery Partner T&C. Accordingly, the Delivery Partner shall not do any act that adversely affects Speedyy and undertakes to be in compliance with Applicable Law at all times and protect the brand image, business reputation or any other asset/property of Speedyy.

xv. While logged-in the Speedyy DP Platform, the Delivery Partner shall not engage in any illegal activity or perform any actions that are contrary to Applicable Law.

xvi. All Confidential Information procured shall at all times be kept confidential and used only for the limited permitted purposes of rendering Delivery Services.

xvii. Delivery Partner shall not disclose any information of the customers or other third parties that you learn while using the mobile app. Delivery Partner shall not make any statement in print, digital or social media about Speedyy without prior approval.

4. DELIVERY PARTNER INFORMATION

i. Speedyy may collect Delivery Partner Information (verification documents) at the time of execution of these Delivery Partner T&C or at any time thereafter, to establish the identity of the Delivery Partner. Speedyy reserves the right to store, process, access and use the Delivery Partner Information for business purposes and needs, background check, verification, marketing, service, development, analytics, research, and any other purpose as Speedyy may deem fit and in accordance with Applicable Law. The Delivery Partner hereby expressly consents to such collection and use of Delivery Partner Information. 

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