THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER AS APPLICABLE AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000 (AS AMEDNED FROM TIME TO TIME).

Equality Healthcare Private Limited (“eVital / “Company” / “us”, “we” or “our”) provides technology-based services and acts as an intermediary for facilitating: (i) on demand transportation services by means of two-wheelers (“Bikes” or “Vehicle”) (“Transportation Services”, (ii) pickup and delivery of medicines and healthcare products from pharmacies to customers (“Delivery Services”), and (iii) other related support services, including collection and settlement of payments (“Services”), offered through the eVital website and mobile application, PillO (“Platform”).

The Delivery Services are provided by delivery personnel engaged by eVital, which may include independent contractors and employees of the Company or its affiliates (“Delivery Partner(s)” / “you”).

On the basis of the representations and warranties provided by you, the Company has agreed to list the Bikes on the Platform and to enable you to provide the Services through the Platform in accordance with the terms and conditions as hereinafter provided and any other policy or agreement or document made applicable / executed by you for the purpose of the provision of Services (collectively, “T&Cs”). These T&Cs will govern the relationship between you and the Company in the course of provision of the Services. By signing up or registering on the Platform and offering to provide one or more of the Services, you acknowledge that you have read and understood these T&Cs and agree to be bound by these T&Cs, without any limitation or qualification. If you do not agree with these T&Cs, please do not sign -up or register on the Platform or offer any Services.

Use of and access to the Platform is offered to you upon the unconditional acceptance of all the terms, conditions and notices contained in these T&Cs and Privacy Policy (which is incorporated herein by reference), along with any amendments made by the Company at its sole discretion and posted on the Platform from time to time.

These T&Cs expressly supersede prior agreements or arrangements with you.

1. GENERAL COVENANTS

   In relation to your access of the Platform to provide the Services, you covenant and agree to the following:

   1. For the purposes of registration/ creation of an account on the Platform and providing the Services, you confirm that you are 18 years of age.
   2. You are not restricted by any legal, regulatory, judicial, quasi-judicial or other authority, to access the Platform or provide the Services, including to enter into transactions contemplated using the Services.
   3. You will provide the Services solely as permitted and in accordance with these T&Cs and in accordance with applicable laws.
   4. By using the Platform and offering the Services, you authorize the Company, whether directly or indirectly through third parties, to collect information about you or make any inquiries necessary to validate your identity including conduct police verification and background checks, in accordance with our Privacy Policy. Please read the Privacy Policy to understand how we collect, process, and share your information, including personal information and sensitive personal data or information (collectively, “Information”).
   5. When you provide any Information to the Company, you will provide only true, accurate, current, and complete Information. You understand and acknowledge that the responsibility to provide correct Information, including the contact information, bank account details etc., as required in connection with the Services, lies solely with you. You must take all caution to ensure that there are no mistakes and errors in the Information you provide. We will not be responsible to verify the accuracy of the Information provided by you.
   6. These T&Cs impose valid and legally binding obligations on you and are enforceable against you.
2. REGISTRATION ON AND OPERATION OF THE PLATFORM
   1. To offer the Services on the Platform, you should be eligible as per the onboarding criteria and provide such documents as requested by the Company as per applicable law and the Company’s internal policies and ensure continued compliance with the same. Particularly, you represent, warrant and covenant to the Company that:
      1. You have at least 2 years or driving experience;
      2. No proceeding is pending against you regarding and neither have been convicted of (a) driving under the influence of drugs or alcohol; or (b) any cognizable offence under the Code of Criminal Procedure, 1973, including fraud, sexual offences, use of a motor vehicle to commit cognizable offence, or of any crime involving property damage, theft, acts of violence, or acts of terror, in the past 3 years; and
      3. You have cleared and have no pending challans applicable to the Vehicle prior to integration with the Platform.
   2. You must register on the Platform and create an account on the Platform (“Your Account”) by providing accurate Information as sought during the registration process.
   3. Further, we may ask you for Information or documents that will allow us, whether directly or indirectly through third parties, to reasonably identify you, requiring you to take steps to confirm your right over your email address or financial instruments, or verifying your information against third party databases or through other sources. We reserve the right to terminate, suspend, or limit access to the Platform in the event we are unable to obtain or verify this Information.
   4. You are solely responsible for maintaining the confidentiality of your credentials (username, password, etc.) provided upon registration by you, and the Company is not liable for any loss you may incur as a result of someone else using Your Account, either with or without your knowledge.
   5. You agree to accept responsibility for all activities that occur in or from Your Account and agree to establish reasonable security procedures and controls to limit access to the password or other identifying information of Your Account to unauthorized individuals, which includes choosing passwords and other credentials in a manner that will protect the security of your Information. Your credentials include your username and password to Your Account and to any third-party account you have used to login to Your Account.
   6. You agree to inform us immediately if you have any reason to believe that your login credentials have become known to anyone else, or if the password is being or is likely to be used in any unauthorized manner.
   7. The Company will not be liable for any breach of security or unauthorized use of Your Account.
   8. The Company shall receive delivery requests from customers or pharmacies through the Platform (“Service Requests”) and may, at its sole discretion, assign or forward such Service Requests to the Delivery Partner through the Platform or by any other means as it deems appropriate. You shall accept and perform only those Service Requests that are assigned through the Platform and shall not solicit, accept, or undertake any delivery directly from any end-customer or pharmacy, or through any means other than the Platform, while engaged under these Terms.
   9. The Company reserves the right to discontinue or introduce any other modes of Service Requests and/or for providing Services. In case of delivery of medicines/pharmaceutical products, at no time whatsoever will you tamper, damage, open or do anything to the parcels that you are not specifically permitted to do during the course of providing the Services.
   10. The Company may monitor, and record calls made by you to the customers, for the purpose of training and improving customer care services, including complaint handling, and you provide your consent for the same.
   11. The Company will not be liable if you do not download the correct mobile application including correct and compatible version of the Company mobile application.
   12. You agree that the Company (either directly or indirectly through its affiliates or third parties) may communicate with you in connection with the Platform or the Services, either electronically (for example, push notifications), or through phone calls, WhatsApp messenger application, email, or in writing through other modes.
3. YOUR CONDUCT
   1. You will not reject Service Request(s) from a customer, except when deemed absolutely necessary and/or under exceptional circumstances, as deemed acceptable by the Company at its sole discretion. In case of repeated or consistent denial of Service Requests, the Company reserves the right to take appropriate action including suspension or permanent deactivation of Your Account and termination of these T&Cs.
   2. You will refrain from doing anything which the Company reasonably believes to be disreputable or capable of damaging the Company’s reputation and will comply with all applicable laws of the Republic of India.
   3. In relation to the Platform, You agree to:
      1. Not authorize others to use Your Account on the Platform or your Vehicle;
      2. Not assign or otherwise transfer Your Account to any other person or legal entity;
      3. Not use the Platform for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
      4. Not use the Platform to cause nuisance, annoyance, or inconvenience to customer, the Company or any other person;
      5. Not consume alcohol or drugs or be under the influence of drugs or other illegal substances, prior to or during the provision of Services. the Company has a zero- tolerance policy in respect of use of drugs, alcohol, intoxicants, or other illegal substances, by any Delivery Partner and the customers can report any such behaviour to the Company and strict action will be taken by the Company including but not limited to suspension of your Services / Your Account while under investigation and termination;
      6. Not impair the proper operation of the network/ Platform and will not use any device, software, routine, file or other tool or technology, which includes any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage, interfere with or affect functionality or operation of the Platform, to surreptitiously intercept or expropriate any system, data or information in connection with the content hosted/ available on the Platform, or to affect the operation of any other websites or the internet;
      7. Not take any action that imposes an unreasonable or disproportionately large load on the infrastructure associated with the Platform, including but not limited to denial-of-service attacks, “spam” or any other such unsolicited overload technique;
      8. Not try to harm the Platform in any way whatsoever;
      9. Not copy, or distribute any content on the Platform without written permission from the Company; and
      10. Not use the Platform with an incompatible or unauthorized device.
   4. In addition to the foregoing, you will not upload, display, share, host, publish or transmit any information that:
      1. Either belongs to another person or to which you do not have any right whatsoever;
      2. Is harmful, offensive, harassing, obscene, pornographic, invasive of another’s privacy, hateful, racially, or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or an online game that causes user harm, or otherwise unlawful in any manner whatsoever, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
      3. Infringes any patent, trademark, copyright, or any other proprietary rights;
      4. Harms minors in any way or is harmful to child;
      5. Includes any commercial material or content (including solicitation of funds, advertising, or marketing of any good or services);
      6. Deceives or misleads the addressee about the origin of such messages, or communicates any misinformation or information which is patently false and untrue or misleading in nature or in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit specified by the Government;
      7. Impersonates another person;
      8. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer resource;
      9. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
      10. Is in the nature of an online game that is not verified as a permissible online game;
      11. Is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game; or
      12. Violates any law for the time being in force.
   5. In relation to the delivery of medicines:
      1. You shall handle all pharmaceutical products with due care and in accordance with instructions provided by the pharmacy, the Company, and applicable laws, including maintaining required temperature, hygiene, and packaging conditions;
      2. You shall not tamper with, open, alter, or otherwise compromise the integrity or safety of any pharmaceutical product.
      3. You shall ensure that deliveries are made to the correct recipient at the designated delivery address, and obtain proof of delivery where required.
      4. You shall comply with all applicable laws, rules, and regulations, including but not limited to those under the Drugs and Cosmetics Act, 1940, and any other law relating to the transport, storage, and handling of pharmaceutical products.
      5. You shall not use, transport, or deliver any pharmaceutical products for any purpose other than as expressly authorized by the Company and the relevant pharmacy.
      6. You shall take reasonable care of any equipment, packaging, or other materials provided by eVital or the licensed partner pharmacy in connection with the delivery services.
      7. You shall return all such equipment or materials promptly upon request or termination of your engagement.
      8. You shall strictly follow all instructions provided by the pharmacy from which the product is picked up, including delivery timelines, handling instructions, and customer interaction protocols.
      9. You shall not use the Platform, the delivery process, or access to pharmacy premises for any personal, unlawful, or unauthorized purposes.
      10. You shall not solicit, receive, or retain any money, gifts, or gratuities from customers other than as explicitly permitted under the Platform or by eVital.
      11. You shall ensure that deliveries are made safely, securely, and without endangering yourself, the customer, or the product.
      12. You shall report any accidents, loss, theft, or damage relating to the products or delivery process immediately to eVital.
   6. The Company reserves the right to immediately terminate your use of the Platform if you do not comply with any of the above rules in Clauses III.3, III.4 and III.5 above.
   7. You will not be permitted to operate on the Platform for more than 12 hours on a calendar day and should take a mandatory break of 10 hours before subsequent login into the Platform and offering the Services.
   8. You consents to provide identity documents for police verification and background checks by the Company, directly or indirectly through a third party appointed by the Company.
   9. You will have to mandatorily undergo an induction training program of 30 hours before onboarding with the the Company Platform and agrees to undergo any other training programs including refresher training program as required by applicable law or as deemed necessary by the Company.
   10. You will not be allowed to operate without undergoing a complete medical examination including eye check-up through a medical institution prescribed by the Company. The cost of such medical check-up will be borne by the Company.
   11. The Company / its personnel may undertake spot checks of the Bikes to verify and ensure your compliance with these T&Cs and applicable laws.
4. PAYMENT TERMS
   1. The Company shall have the discretion to determine and update the commission, service fees, or other charges payable by the Delivery Partner in connection with the Services (“Rider Fees”) from time to time, which shall be subject to applicable taxes.
   2. The Company charges a convenience fee from the customers for facilitating the Services through the Platform.
   3. The Delivery Partner authorizes the Company to collect all payments, including delivery charges, service fees, and any other amounts due from the customers on behalf of the pharmacies. The Company shall settle the Rider Fees with the Delivery Partner in accordance with the agreed commission or fee structure.
   4. In the event the Delivery Partner collects any payments directly from the customer, the Delivery Partner shall promptly remit to the Company the amounts due for the convenience fee or any other component of the total payment as specified by the Company, and the Company shall adjust the Rider Fees accordingly.
   5. Notwithstanding the above, the Company may, at its discretion, specify alternate arrangements for payment collection or Rider Fees in certain states or regions, which shall be communicated to the Delivery Partner through the Platform.
5. REPRESENTATIONS, WARRANTIES AND COVENANTS
   1. You and the Company represent the following:
      1. They have all requisite power and authority to deliver and perform the obligations imposed herein;
      2. The execution and performance of the obligations do not and will not violate any provision of any existing agreement, law, rule, regulation, any order, or judicial pronouncement which is applicable to each party; and
      3. You have not been convicted by any court in India or any other country of any crimes including but not limited to involving moral turpitude.
   2. You hereby represent, warrant, and covenant the following:
      1. You have the requisite authority or assignment to drive the Vehicle and there are no restrictions with respect to the use of the Vehicle that will hinder your the performance of the Services or using the Platform;
      2. You have all rights, licenses, and permits as may be required under applicable laws to perform the Service in accordance with these T&Cs;
      3. You are in compliance with the Motor Vehicles Act, 1988 (as amended from time to time) (“MV Act”) and any other applicable laws (including rules, regulations and orders notified thereunder) as required to be complied with by any person driving Bikes and providing the Services;
      4. At the time of onboarding with the Platform, you have not been convicted within the past 3 years, for the offence of driving under the influence of alcohol or any cognizable offence under the Code of Criminal Procedure, ‘1973 or the Indian Penal Code, 1860 (as may be applicable) including fraud, sexual offences, use of a motor vehicle to commit a cognizable offence, a crime involving property damage or theft, acts of violence, or acts of terror;
      5. You hold and will maintain updated/renewed licenses, insurance and permits necessary for the use of Vehicle;
      6. You will not drive rashly, will follow traffic regulations and all applicable laws, not consume liquor/cigarette/bidi, or any other kind of intoxicant and will have and hold a valid driving license and registration/insurance papers for the Vehicle at all times, during the performance of the Services. You will not take any personal calls except in the event of an emergency, without prejudicing the safety of the Vehicle. You will take all calls from the customer and the Company only after stopping the Vehicle at an appropriate location to take the call, without being a hindrance to the traffic around him or without violating any traffic rules;
      7. You will provide the Services in a courteous and professional manner as reasonably expected by a service provider providing the Services;
      8. You will at all times during which he is undertaking the Services, maintain dress, appearance, and hygiene codes reasonably expected from a service provider;
      9. You shall act solely as a logistics service provider for the transport of such medicines and shall not engage in any act constituting sale, storage, or distribution of drugs/medicines or pharmaceutical products. You shall ensure that the medicines/drugs/pharmaceutical products are not tampered with, substituted, or handled in a manner inconsistent with applicable law or Company policy.
      10. You will perform your obligations with promptness and use reasonable care and skill and in accordance with standards of diligence, care, skill, quality, and integrity to be reasonably expected of an experienced and reputable provider of Services;
      11. You will provide Services in accordance with all the specifications that may be prescribed and formulated by the Company from time to time;
      12. You will follow all the standard operating procedures (SOPs) and policies that may be prescribed and formulated by the Company from time to time;
      13. You will not carry any weapons, firearms, ammunition, explosive devices, and dangerous substances during performance of the Services;
      14. You will not seek any extra monetary compensation from the customer for the completion of Services by way of tips or otherwise;
      15. You will not commit any fraud while providing the Services or otherwise commit any act or omission, to gain any undue advantage which may include, but not be limited to: intentionally falsify information; accept Service Requests without the intention to complete or provide the Services, provoke customers to cancel for fraudulent purposes; claim fraudulent fees or charges; intentionally request, accept, or complete fraudulent or falsified Service Requests; deliberately increase the time or distance of a trip or delivery for fraudulent purposes or otherwise; claim to complete a delivery without ever picking up the delivery item; picking up a delivery item but retaining all or a portion of the item, or not delivering the entire order; actions intended to disrupt or manipulate the normal functioning of the Company’s Platform, including manipulating the settings on a phone to prevent the proper functioning of the Platform and the GPS system; or falsify documents, records, or other data for fraudulent purposes; creating improper duplicate accounts; or falsify documents, records, or other data for fraudulent purposes, or any other fraudulent, negligent or unlawful activity in contravention of the intent of these T&Cs, permitted scope of Services envisaged under these T&Cs, or applicable laws;
      16. You will ensure that the Vehicle has a valid fitness certificate issued, insurance certificate, pollution under control certificate, and other permits / certificates / licenses and will operate under valid and subsisting permit(s) granted under relevant provisions of MV Act or any other applicable law;
      17. You will adhere to applicable laws including in relation to road safety, abide by traffic signals, speed limits and such other norms or rules applicable for plying the Vehicle on road;
      18. You will perform each pick-up and delivery in the most efficient manner possible and will make best efforts to adhere to the timelines prescribed;
      19. They will also ensure that the safety of packages is not compromised at the time of delivery;
      20. You will report to the Company immediately if any illegal or prohibited items are being provided by customer or asked to be delivered by the customer;
      21. Your total earnings for any given financial year do not exceed INR 20,00,000 (Rupees Twenty Lakhs) and that they are an unregistered GST service provider; and
      22. You will promptly inform the Company in case their total earnings exceed or is expected to exceed INR 20,00,000 (Rupees Twenty Lakhs) in a financial year.
6. RELATIONSHIP BETWEEN THE PARTIES

   Independent Contractor: You will operate as, and have the status of, an independent contractor. The relationship between the Company and you is on a principal-to- principal basis. The Company and you are independent legal entities, and nothing in these T&Cs will be construed to create a partnership, joint venture, an association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between the Company and you. It is clarified that you will not have any right to conclude any contract for and / or on the behalf of the Company or bind the Company in any manner.

   Where you are expressly employed by the Company under a written contract of employment, such employment shall be governed exclusively by the terms of the relevant employment agreement and applicable employment laws. In such cases, these Terms shall apply only to the extent they are consistent with the employment relationship and do not override any express terms of the employment contract.

7. YOUR INFORMATION
   1. The Company may collect Your Information at the time of your onboarding and from time to time, to establish your identity. The Company reserves the right to store, process, access and use your Information for business purposes and needs, background check, verification, marketing, service, development, analytics, research, and any other purpose as the Company may deem fit and in accordance with the Company’s Privacy Policy and applicable law. You hereby expressly consents to such collection and use of Your Information.
   2. Subject to applicable laws, the Company may provide to a third party, governmental agency, judicial body, any Information, or information relating to you, if there is a complaint, dispute, or conflict, including any accident involving you on one hand and end-consumer, or a third party on the other hand.
   3. Please read our Privacy Policy to understand how we deal / handle Information collected from you.

      “Your Information” or “Information” shall mean and include any personal data or Information collected from you including know your customer documents with your bank, copies of valid government-issued vehicle registration certificate, mobile number, bank account details, vehicle insurance copy, driving license, identity proof, self-clicked images (selfies), residence proof, location data, proof of ownership of your Vehicle and any other Information that the Company may deem fit.

8. CONFIDENTIALITY
   1. You will keep confidential all data including customer details, market information, all work products and documents related thereto, and the contents of the Platform and will not sell or otherwise make that information available to any third parties. Except as otherwise agreed, the data of customers will be the exclusive property of the Company, and you will not use the same for any purpose or distribute such data in any form or means except for the purpose of providing the Services and other than as permitted by the Company and will keep it confidential at all times.
   2. All non-public information relating to us or disclosed by us or our affiliates to you that is designated as confidential or that, given the nature of the information or the circumstances surrounding its disclosure, reasonably should be considered as confidential. Confidential information includes but is not limited to: (a) contents / information relating to Services and Platform; (b) information relating to our or our affiliates or business partners’ technology, software, customers, business plans, product plans and designs, promotional and marketing activities, finances and other business affairs; (c) third-party information including that of customers which we are obligated to keep confidential; (d) the nature, content and existence of any discussions or negotiations between you and us or our affiliates; and (e) any other information which should be reasonably kept confidential.
9. PROPRIETARY RIGHTS
   1. The Company is the sole owner and lawful licensee of all the rights to Platform or any other digital media and its contents. The content means its design, layout, text, images, graphics, sounds, video, the website/ Platform, etc. or any other digital media content embodying trade secrets and Intellectual Property Rights protected under worldwide copyright and other laws. All titles, ownership and Intellectual Property Rights in the Platform and its content (except third party links) will remain with the Company, its affiliates, agents, authorized representatives, or licensors as the case may be.

      The term “Intellectual Property Rights” means all intellectual property rights or similar proprietary rights, including: (i) patent rights and utility models, (ii) copyrights and database rights including moral rights, (iii) trademarks, trade names, domain names and trade dress and the associated goodwill, (iv) trade secrets, and (v) industrial design rights; and for each of the foregoing includes any registrations of, applications to register, and renewals and extensions of, any of the foregoing in any jurisdiction in the world.

   2. All rights not otherwise claimed under this T&Cs or by the Company are hereby reserved. The information contained in this Platform is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
   3. All related icons and logos are registered trademarks or service marks or word marks of the Company in various jurisdictions and are protected under applicable copyrights, trademarks, and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
   4. Subject to your compliance with these T&Cs, the Company grants you a limited, non- exclusive, non-transferable license to download and install a copy of the the Company mobile application on a single mobile device that you own or control and to run such copy of the the Company mobile application solely for your own personal use and for providing the Services.
   5. Your data: As between the Company and you, all right, title and interest in: (i) the Information, (ii) other information input into the Platform by you or its authorized users (“Other Information”), and (iii) all Intellectual Property Rights in each of the foregoing, belong to and are retained solely by you. Information and Other Information are collectively referred to as “Your Information”. You grant to the Company an unlimited, non-exclusive, royalty-free, worldwide license to use Your Information and perform all acts with respect to the Your Information, as may be necessary for the Company to operate, maintain and improve the Platform or provide the Services to customers, and a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use, reproduce, modify and distribute the Other Information as a part of the Aggregated Statistics (defined below). You are solely responsible for the accuracy, quality, veracity, integrity, legality, reliability, and appropriateness of Your Information. The Company agrees to access and use Your Information solely for your / customer’s benefit and as set forth in these T&Cs or the Privacy Policy.
   6. Aggregated statistics: Notwithstanding anything else in these T&Cs, the Company may monitor your use of the Platform and use data and information related to such use and Your Information in an aggregate and anonymous manner, including to compile statistical and performance information related to the provision and operation of the Platform and the Services (“Aggregated Statistics”). As between the Company and you, all right, title and interest in the Aggregated Statistics and all Intellectual Property Rights therein, belong to and are retained solely by the Company. You acknowledge that the Company will be compiling Aggregated Statistics based on Your Information and Information input by other customers / Delivery Partners into the Platform. You agree that the Company may: (i) make such Aggregated Statistics publicly available, and (ii) use such information to the extent and in the manner required by applicable law and for purposes of data gathering, analysis, service enhancement and marketing, provided that such data and information does not identify you.
   7. You will not do the following:
      1. License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform in any way;
      2. Conduct yourself in a way that may harm, threaten, intimidate, harass, or otherwise inconvenience customers or their property;
      3. Modify or make derivative works based upon the Platform;
      4. Create internet “links” or “frame” or “mirror” any application on any other server or wireless or internet-based device;
      5. Reverse engineer or access the Platform in order to:
         1. Design or build a competitive product or service,
         2. Design or build a product using similar ideas, features, functions, or graphics of the Platform, or
         3. Copy any ideas, features, functions, or graphics of the Platform, or
         4. Launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Platform.
10. INDEMNITY
    1. You agree to indemnify, defend and hold harmless, the Company, its affiliates, licensees and its officers, directors, agents and employees, from and against any claim, liability, obligation, loss, damage, deficiency, assessment, judgment, cost or expense (including, without limitation to costs and expenses incurred in preparing and defending against or prosecuting any litigation, claim, action, suit proceeding or demand) of any kind or character, arising out of or in any manner incidental, relating, or attributable to your inaccuracy, breach, or failure to perform your obligations under these T&Cs or the applicable laws in relation to performance of the Services.
    2. The Company reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify the Company, including rights to settle, and you agree to cooperate with the Company for such defence and settlement. the Company will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. You may, at your own expense, engage separate counsel to advise you regarding a claim and to participate in the defence of the claim, subject to the Company’s right to control the defence and settlement.
11. DISCLAIMERS
    1. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES PROVIDED BY THE COMPANY AND/OR THE PLATFORM. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES PROVIDED BY THE COMPANY AND/OR THE PLATFORM WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE PLATFORM / SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY SERVICES, INFORMATION OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICES PROVIDED BY THE COMPANY AND/OR THE PLATFORM WILL BE CORRECTED, OR (F) THE PLATFORM OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PLATFORM IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS.
    2. All conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby excluded and disclaimed to the highest and maximum extent. The Company makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability, or availability of the Platform. You acknowledge and agree that the entire risk arising out of your use of the Platform remains solely and absolutely with you and you will have no recourse whatsoever to the Company.
    3. The Platform may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you being faulty, not connected, out of range, switched off or not functioning. The Company is not responsible for any delays, service failures or interruptions, errors, damages, or losses resulting from such problems. Access to the Platform or the Services may be unavailable, delayed, limited, or slowed, from time to time, due to the inherent nature of the internet and among other things also due to:
       1. Servers, networks, hardware failure (including your own computer or mobile), telecommunication lines and connections, and other electronic and mechanical equipment;
       2. Software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
       3. Overload of system capacities;
       4. Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown, or natural disasters;
       5. Interruption (whether partial or total) of power supplies or other utility service, strike, or other stoppage (whether partial or total) of labour;
       6. Governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
       7. Any other cause (whether similar or dissimilar to the above) beyond the control of the Company.
12. LIMITATION OF LIABILITY
    1. The Company is not liable to you, for any condition, suitability, quality, merchantability, and fitness for any purposes in respect of the Platform or the Services provided through the Platform and is not liable for any civil, criminal, tortious, or any other liability, that may accrue as a consequence of the use and access of the Platform.
    2. To the extent permissible under applicable laws, the Company is not liable for any civil, criminal, tortious, or any other liability, that may accrue as a consequence of your breach: (a) of the applicable laws in respect of the use of the Platform or providing the Services; (b) of the terms of the applicable licenses and permits that are issued by the transport authorities; (c) of the terms of these T&Cs; or (d) of the duty of care you owe to the users of the Platform.
    3. The Company is not responsible for your behaviour, actions, or inactions or quality of the Vehicle. Any contract for the provision of Vehicle is exclusively between the customer and you and the Company is not a party to the same.
    4. The Company does not represent or endorse the accuracy or reliability of any information or advertisement contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the Platform, or the quality of any products, information or other materials displayed, or obtained by you as a result of any product, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Services.
    5. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
    6. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE T&Cs OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF INR 1000/-.
13. TERMINATION
    1. Company is entitled to terminate these T&Cs at all times and with immediate effect, at its sole discretion, (by disabling the your registration on the Platform and use of the Platform) for any one or more of the following reasons:
       1. Any violation or breach of any term of these T&Cs;
       2. If you, in the opinion of the Company, misuse the Platform;
       3. If you are non-compliant with the requirements under applicable laws;
       4. Failure to verify or authenticate Your Information;
       5. Any action or omission by you which can cause legal or contractual liability for the Company including but not limited to fraudulent conduct, customer complaints, continuous unsatisfactory reviews by merchants or the users, misconduct, negligence, and all other actions specifically prohibited under applicable laws; or
       6. Where, in their opinion, continuance of your Services is detrimental to the business interest of the Company due to your actions, such as the following:
          1. Misbehaviour, rude behaviour with the staff of the Company, customers or any other persons associated with the Company or any other persons;
          2. Any acts involving criminal offence punishable under law, including physical assault, threatening any of the staff of the Company, person associated with the Company, customers or any other persons;
          3. Concealment of fact/material information while entering into a contract with the Company;
          4. Poor or irregular at work, meetings, and failure to abide by the rules/terms of the T&Cs or other applicable policies / SOPs notified by the Company;
          5. Being Drunk / under the influence of drugs or other illegal substances, while providing the Services and unruly/drunken behaviour. the Company has a zero-tolerance policy in respect of use of drugs or alcohol by you;
          6. Commission of fraud/ misappropriation/embezzlement for undue monetary gain, or any act which is against the interest of the the Company;
          7. Negligence in performing the duty, causing damage of moveable and immoveable assets of the Company, its employees, customers, or any other persons;
          8. Indulging in spreading content through digital media, social networking sites, or any other form, which could be detrimental to the Company’s brand and its image / reputation;
          9. Indulging in acts such as creating ruckus/ strike/ or any activity against the Company, which could be detrimental to the the Company’s brand and its image/ reputation;
          10. Indulging in unauthorized disclosure of Confidential Information of the Company to external agency, person, or organization;
          11. Misuse of assets provided by the Company and welcome kits, which could be detrimental to the interest of the Company’s brand and its image / reputation;
          12. Absconding for more than 4 hours with any asset, delivery item, money or any other valuable item belonging to the Company, its employees, customers, or other staff member(s);
          13. Failure to abide by any of the rules and guidelines given by the Company as part of Service quality standards and principles;
          14. Doing any act unbecoming of a Delivery Partner; or
          15. In case the background check, whether wholly or partially, is found negative at any point of time during the term of these T&Cs.

       The Company may terminate these T&Cs immediately on the above grounds and is not obliged to give notice of the termination of these T&Cs in advance.

    2. The Company or you may terminate these T&Cs by providing 7 days’ written notice to the other party.
    3. The Company, in addition to its right to terminate these T&Cs, in its sole discretion reserves the right to legally prosecute you immediately, if there is reason to believe that you have indulged in any fraudulent or illegal activity or contravened the T&Cs of the Platform or violated any applicable laws and the Company will not be responsible for any consequences arising from the same.
    4. Upon termination:
       1. You will stop accessing the Platform and offering the Services;
       2. The Company will settle all outstanding dues accrued to You subject to deductions / set off of any amount owed by you to the Company;
       3. You will return all property and materials including confidential information belonging to the Company; and
       4. You will cease holding out as a service provider integrated with or connected with the Company in any manner.
14. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
    1. These T&Cs will be governed by and interpreted in all respects in accordance with the laws of the Republic of India.
    2. Subject to the provisions made in Clause XIV.3, the parties hereby submit to the exclusive jurisdiction of the courts of Ahmedabad, India.
    3. All disputes arising out of or in relation to these T&Cs will be settled amicably by the parties. In the event, no amicable settlement is arrived at within a period of 15 (fifteen) days from the date of first initiation of the dispute by one party to other, the parties will resolve the dispute by means of arbitration pursuant to the Arbitration and Conciliation Act, 1996.
    4. The arbitration proceedings will be conducted by an arbitral tribunal comprising of a sole arbitrator mutually appointed by you and the Company.
    5. The arbitration proceedings will be conducted in English language only and the seat for arbitration will be Ahmedabad, India.
    6. The award of the arbitral tribunal will be final and binding.
15. ASSIGNMENT

    You may not assign its rights or obligations under these T&Cs without prior written approval of the Company. The Company may assign any of its rights and obligations to its affiliates or third parties without prior consent or notice.

16. AMENDMENT

    These T&Cs may be amended from time to time and as and when required, at the sole discretion of the Company. If the Company makes any changes to these T&Cs that it deems to be material, the Company will make a reasonable effort to inform you of such changes, but it is your responsibility to review the T&Cs posted to the Platform from time to time to see if it has been changed. The updated version of these T&Cs will supersede the current version and such updated version will be immediately effective upon being posted on the Platform. The continued use of the Platform following the notification of modification of the T&Cs or after being updated on the Platform will be construed to mean the acceptance of the said modified T&Cs.

17. SEVERABILITY

    If any provision or any part of a provision of these T&Cs is invalid, unenforceable or prohibited by applicable laws of the Republic of India , such provision or part of provision will be severed from these T&Cs and will be considered divisible as to such provision or part thereof and such provision or part thereof will be inoperative and will not be part of the consideration moving between you and the Company hereto and the remainder of these T&Cs will be valid and binding and of like effect as though such provision was not included herein.

18. COMPANY INSURANCE

    The Company at its sole discretion may insure you against any accident suffered by you during provision of Services by you using the Platform. The Company reserves the right to recover any amount paid by the Company in lieu of the insurance from you.

19. NOTICES
    1. The Company may give notice by means of a general notice on the Platform, or by electronic mail to your email address on record in the Company’s account information, or by written communication sent by regular mail to your address on record in the Company’s account information.
    2. You need to send any notice at email id: pilots@mypillo.in
20. CUSTOMER CARE AND GRIEVANCE REDRESSAL

    Any opinions, issues or suggestion regarding the Platform can be provided / resolved by reaching out to the customer care number or email mentioned below:

    Customer Care details: 9033990303

    Any complaint, dispute, or grievance in relation to the Services or the Platform should be addressed to the Company as given below. Such complaint, dispute or grievance will be handled as per applicable laws.

    Grievance Officer: Yash Vanzara

    E-mail: pilots@mypillo.in

    Address: Motera, Ahmedabad -380005