Terms of use for Delivery Partner

These terms of use (“Terms of Use”) describe the terms on which the delivery partners(“You” or “Your” or “Yourself” or “Delivery Partner”) interested in registering or availing FIDOO Services (defined below) and accessing the mobile application “FIDOO Delivery” owned and operated by Twiclo Technologies Private Limited (“FIDOO”) and licensed for use on a revocable, non-exclusive, temporary, non-assignable basis to You, collectively referred to as, the “Platform”, connect with the users registered on the Platform (“Users”) and the merchants registered on the Platform (“Merchants”) to provide Your transportation, delivery and logistics services to them, as may initiated by them on the Platform.
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE PLATFORM OR AVAILING THE FIDOO SERVICES OR ACCESSING/USING ANY MATERIAL, INFORMATION THROUGH THE PLATFORM. YOUR USE OF THE PLATFORM OR FIDOO SERVICES SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.

(A). You acknowledge that the Users may place orders with Merchants listed on the Platform(FIDOO) through the Platform to purchase products/avail services (“Items”) from the Merchants. In this regard, you shall provide transportation/delivery services from the Merchant establishment to the location of the User with respect to the transactions initiated by the User on the Platform. Unless otherwise specified, you hereby agree that while performing Delivery Services pertaining to the Item from the Merchant to the User, you acknowledge that FIDOO is only a facilitator of the transactions that take place on the Platform and FIDOO shall not be a party to any transaction that is initiated on the Platform. You shall be responsible for safely delivering the Items to the Users or to any person as may be specified by the User.
(B). You shall provide the DP Services, only in the applicable Territory in accordance with these Terms of Use and applicable law. For the purposes of this Terms of Use “Territory” means the city or metro areas in the territory of India, which Delivery Partners are enabled by the Platform to receive requests for DP Services.

(A). You shall be permitted to access the Platform, avail the FIDOO Services and connect with the Users and Merchants on the Platform, as the case maybe, to provide DP Services only upon creating an Account (defined below) and obtaining a registration on the Platform. Your ability to continue using the Platform, avail FIDOO Services and provide DP Services is subject to Your continued registration on the Platform. To register, you are required to provide Valid Driving license, your vehicle registration document, Insurance, Pollution and all required details as may be sought by FIDOO. It is your responsibility to provide all your current, updated and requisite details. You shall be required to provide FIDOO, at the time of registration, forth with upon any revision, and at any time on FIDOO’s request, with information and documentary evidence pertaining to You, any authorizations that You may have, contact details and other details as requested by FIDOO. The document/information that FIDOO may need from Your end shall be intimated to You from time to time. FIDOO reserves the right to independently verify Your documentation from time to time in any way FIDOO deems appropriate in its reasonable discretion.
(B). Upon registration on the Platform, you will receive a Delivery Partner Identification Number (“D PIN”). The D PIN is specific to You (One User) only. You are responsible for all DP Services provided under the D PIN allocated to You.
(C). You will be responsible for maintaining the confidentiality of the Account information and are fully responsible for all activities that occur under Your Account. You agree to immediately notify FIDOO of any unauthorized use of Your Account information or any other breach of security. It is a good practice to exit (Log Out) from your Account at the end of every session. FIDOO cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by FIDOO or any other User of or visitor to the Platform due to authorized or unauthorized use of Your Account. Use of another Delivery Partner’s Account information for using the Platform is expressly prohibited.
(D). FIDOO shall have the right to display the information provided by You on the Platform. You shall ensure that all the information provided by You is sufficient to give a clear description of Yourself and the DP Services performed by You for the Users, and is not false or misleading in any manner. FIDOO does not independently verify the information. *** FIDOO shall in no way be responsible or liable for the accuracy or completeness of any information provided by You.

(A). When You are logged into Your Account on the Platform, Users’ requests for DP Services may appear to You on Your Account on the Platform, if You are available and visible in the vicinity of the task raised by the User. You will be sent the request from the User. If you accept the User request for DP Services, you will receive in an automated manner certain user information which may inter alia include the pick-up address, User’s name, item to be purchased, purchase location, pick-up/drop off location, contact information etc. (“User Information”).
(B). You hereby acknowledge and agree that once You have accepted a User’s request for DP Services, the Platform may display to the User in an automated manner, certain information about You which may inter alia include Your name, contact information, photo and location, Your rating, Your driving license information and Your vehicle registration number and other personal information necessary for the successful and timely accomplishment of the DP Services.
(C). You agree and undertake that You shall not contact Users or use any User’s personal data/User Information for any reason other than for the purposes of fulfilling DP Services through the Platform in accordance with these Term of Use and applicable law.
(D). You shall provide Delivery Services to the User directly to their specified destination or otherwise complete all logistics related tasks, as directed by the applicable User, without undue delay. In the event, You, at your own discretion feel that there will be an inordinate delay, you shall be on a best-efforts basis try and reach out to the User.
(E). With respect to DP Services, you hereby agree that You shall not open or attempt to open the Items/packages to be delivered to or on behalf of the User. You expressly agree that You will not deliver/transport any alcoholic beverages or entertain any User’s request to deliver/purchase or transport any alcoholic beverages or any other contraband items.

(A). FIDOO does not, and shall not be deemed to have any form of direct or indirect control over Delivery Partners inter alia with respect to the availability of Delivery Partners, performance of DP Services by the Delivery Partners or maintenance of Delivery Partner’s vehicle or compliance with applicable laws applicable to Delivery Partners of DP Services. It is hereby clarified that there is no employer-employee relationship between FIDOO and the Delivery Partners. Delivery Partner acknowledges that FIDOO does not control, or purport to control: when or for how long will the Delivery Partner utilize the Platform or the FIDOO Services; or Delivery Partner’s decision, via the Platform, to attempt to accept or to decline or ignore a User’s request for DP Services on the Platform, subject to FIDOO’s then-current cancellation policies.
(B). You are not an employee of FIDOO. There is no exclusivity arrangement with FIDOO and You have complete discretion to operate Your independent business or enroll with other platform for performing similar services. You have no authority to bind FIDOO and undertake not to hold Yourself out as an employee, agent or authorized representative of FIDOO. Where, by implication of mandatory law or otherwise, you may be deemed an employee, agent or representative of FIDOO, you undertake and agree to indemnify, defend and hold FIDOO harmless from and against any claims by any person, entity, regulators or governmental authorities based on such implied employment, agency or representative relationship.
(C). Your Account may be deactivated or otherwise restricted from accessing or using the Platform or the FIDOO Services in the event of a violation of these Terms of Use, disparagement of FIDOO, or Your act or omission that causes harm to FIDOO’s reputation or business as determined by FIDOO in its sole discretion. FIDOO also retains the right to deactivate or otherwise restrict You from accessing or using the Platform or the FIDOO Services for any other reason at the sole and reasonable discretion of FIDOO.
(D). You agree that You may require certain enablers such as bikes, mobile phones, helmets, (bags) or other such instruments for you to perform DP Services. FIDOO is not responsible to provide any such support to You. In particular, FIDOO is not responsible to provide You with reimbursements of any fuel incurred by You use (other than that for FIDOO), or insurance premium paid by You, or helmets purchased by you. You shall solely be responsible for maintaining the necessary equipment and internet connections that may be required to access, use and transact on the Platform and avail the FIDOO Services.
(E). FIDOO may from time to time provide You with certain advisories in respect of Your performance of the DP Services. These advisories may be issued to facilitate compliance with applicable law or to generate a uniform platform experience for Users, Merchants and other Delivery Partners. You are encouraged to follow them.
(F). You may from time to time receive notice of certain welfare/benefit programs that You may avail as part of the FIDOO eco-system. Availing such benefits are subject to Your choice and opt-in
(G). To facilitate provision of DP Services, you may choose to avail certain third-party services such as personal loans, accident insurance policies etc. Some of these third-party services may be introduced to You through FIDOO. The choice of availing all such services is Yours. FIDOO is not responsible for such services provided by third parties. If you choose to avail such benefits You authorize FIDOO to share information about You as required for such third party to provide the services to You.

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

(A). You agree that:
(i). after providing DP Services to a User, the Platform will prompt the User with an option to provide a rating of such DP Service provided by You and, optionally, to provide comments or feedback about You and such DP Service;
(ii). after providing the DP Services to the Users, you will be prompted on the Platform to provide a rating of the User and, optionally, to provide comments or feedback about the User. You shall provide ratings and feedback in good faith and unbiased manner.
(B). In order to continue to receive access to the Platform and the FIDOO Services, you hereby acknowledge that You must maintain an average rating by Users that exceeds the minimum average acceptable rating established by FIDOO for the Territory, as may be updated from time to time (“Minimum Average Rating”). In the event Your average rating falls below the Minimum Average Rating, FIDOO may provide You a limited period of time to raise Your average rating above the Minimum Average Rating. You hereby agree that if You do not increase Your average rating above the Minimum Average Rating within the time period allowed (if any), FIDOO may deactivate Your access to the Platform.
(C). FIDOO reserve the right to use, share and display Your ratings and comments in any manner in connection with the business of FIDOO without attribution to or approval of Delivery Partners and You hereby consent to the same. FIDOO reserve the right to remove comments from Platform 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, intermediary guidelines, other applicable laws or FIDOO’s policies.

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

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

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

(A). Delivery partner payment: On successful deliveries of the orders placed by user from FIDOO, your complete day payment of all your delivered orders, will be paid on the next day of reporting (LOG IN).
(B). Cancellation charges: You acknowledge and agree that Users may elect to cancel requests for DP Services that have been accepted by You at any time prior to the provision of DP Services. In the event that a User cancels an accepted request for DP Services, FIDOO may charge the User a cancellation fee and shall be remitted to You

(A). You also 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 FIDOO, for which monetary damages would be inadequate, and You consent to FIDOO obtaining any injunctive or equitable relief that FIDOO may deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that FIDOO may have at law or in equity.
(B). If FIDOO does take any legal action against You as a result of Your violation of these Terms of Use, FIDOO 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 granted to FIDOO.