User Terms & Conditions

Thank you for visiting our website, www.buddydelivery.in (“Website”) or downloading our mobile application (“App”). While the Buddy riders finish your personal tasks, please spare the time to read the following terms and conditions. You can learn about our services from the Website and use our services through the mobile application or App (the Website and the App referred to herein as “Platforms”).

For the purposes of these Terms of Use, the term ‘Buddy’ or ‘Us’ or ‘We’ refers to Buddy Digital Private Limited. The term ‘You’ refers to the user or visitor of the Website and/or App. When You use our services, You will be subject to the terms, guidelines and policies applicable to such service and as set forth in these Terms of Use. As long as you comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use our Platforms and services.

1. Acceptance of Terms

1.1 These Terms of Use sets forth legally binding terms for Your use of our Platforms and services. By using the Platforms, You agree to be bound by these Terms of Use, whether You are a “Visitor” (which means that you simply browse our Platforms) or you are a “Subscriber” (which means you have registered with Buddy as a user). If You do not accept these terms, You should leave the Website and/or App and discontinue the use of the service immediately.

1.2 We may modify these Terms of Use from time to time, and such modification shall be effective upon its posting on our Platforms. You agree to be bound by any modification to these terms when You use the Platforms after any such modification is posted; it is therefore important that You review these Terms regularly.

2. General Registration Requirements

2.1 In consideration of your use of our Platforms, you represent that You are of legal age to form a binding contract and are not a person barred from receiving services under any law in force in India or other applicable jurisdiction. You also agree to:

(a) provide true, accurate, current and complete information about yourself while registering on our Platforms to avail the Services; and

(b) maintain and promptly update Your registration data to keep it true, accurate, current and complete.

2.2 If You provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We reserve the right to suspend or terminate Your account and refuse any and all current or future use of our Platforms (or any portion thereof) at any time.

2.3 There is limited content available on our Platforms. All of such content is provided to you “AS IS” for Your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Buddy. Buddy reserves all rights not expressly granted in and to the Website/App and the Content.

2.4 You may access our Platforms as available for Your information and personal use.

2.5 You will be required to enter a valid phone number while registering on our Platforms as a subscriber. By registering Your phone number with us, you consent to be contacted by us via phone calls, SMS notifications or instant messages, in case of any subscription/service updates. If we do so, each communication we send You will contain instructions permitting you to “opt-out” of receiving future communications. In addition, if at any time You wish not to receive any future communications or You wish to have Your name deleted from our mailing lists, please contact us as indicated below. If You are registered with the DND National registry, You may not receive any promotional messages from Us.

3. Subscriber Account and Security

If You register with Buddy, you may be required to complete a verification process as part of setting up Your account. Once set up, You are responsible for maintaining the confidentiality of Your account information, and are fully responsible for all activities that occur through Your account. Should there be instances of any unauthorized use of Your account or any other breach of security, please notify Us to stop processing requests from Your account, until further instructions.

4. Services and Payment

4.1 Buddy’s services constitute a technology platform that connects You to a third party Buddy rider/ Merchant to schedule and complete your everyday requirements and errands (“Services”). Buddy does not run your tasks or errands by itself nor does it actively supervise the completion of Your tasks.

4.2 When You use the services of a service provider/ Buddy rider, You will incur a charge. Buddy will facilitate your payment for the services and the service provider/rider fee through integrated payment platforms. To the extent that Buddy receives charges on behalf of the service provider/rider, it acts as an agent of the service provider/rider and all payments made by You for services rendered are deemed to be payments made to the service provider/rider. Payments are inclusive of taxes.

5. User Information

5.1 Our Services depends on the information You provide to us. You are solely responsible for and in control of the Information You provide to us.

5.2 If You use the Website or the App, You agree that information about Your use of the Buddy Platforms through Your mobile telecommunication device may be communicated to us, and we may obtain information about Your mobile carrier, Your mobile device, or Your physical location. In addition, use of our Platforms through a mobile telecommunication device may cause data to be displayed on and through Your mobile device. By accessing our Platforms using a mobile telecommunication device, You represent that to the extent You import any of Your Buddy data to Your mobile telecommunication device that You have authority to share the transferred data with Your mobile carrier or other access provider. In the event You change or deactivate Your mobile account, You must promptly update Your Buddy account information to ensure that Your messages are not sent to the person that acquires Your old number and failure to do so is Your responsibility. You acknowledge that You are responsible for all charges and necessary permissions related to accessing our Platforms through Your mobile access provider. Therefore, You should check with Your provider to find out if our Platforms are available for Your specific mobile devices.

5.3 Buddy reserves the right to collect user data including name, contact information and other details to facilitate the Services or use of its Platform to avail Services. All information collected from You are on a bonafide basis. Misuse and misrepresentation of identity or contact details will lead to automated termination of services or the use of the platform without the obligation of a prior notice to You.

5.4 Compilation of user accounts and user accounts bearing contact number and e-mail addresses are owned by Buddy.

5.5 In the case where the system is unable to establish unique identity of the user against a valid mobile number or e-mail address, the account shall be indefinitely suspended. Buddy 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.

5.6 We may disclose to third parties certain data related to You, without providing Your personal details such as name, residential and e-mail address, mobile number, unless: (1) You expressly permit us to do so, or any other person You may specifically designate to disclose such information or (2) We are required to disclose such information by any applicable law or legal process.

6. Prohibited Conduct

• 6.1 You agree not to use the Platforms inappropriately, or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content” means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by a user) that:
  • is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
  • harasses or advocates harassment of another person
  • exploits people in a sexual or violent manner
  • contains nudity, violence, pornography, sexually explicit material or offensive subject matter
  • provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own
  • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous
  • violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files
  • involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”
  • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page)
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses
  • solicits passwords or personal identifying information from other Subscribers
  • involves commercial activities and/or sales without Buddy’s prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes
  • includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights
  • denigrates, ridicules, or demeans another person; or contains a virus or other harmful component.
• 6.2 You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses our Platforms.

7. Termination or Suspension of Account or Services

You agree that Buddy may at any time and for any reason, terminate your access to our Platforms, or restrict or suspend your access to all or any part of the Website or the App at any time, for any or no reason, with or without prior notice, and without liability. We may also terminate the rendering of any service without prior notice or liability.

8. Preservation/Disclosure

You acknowledge, consent and agree that Buddy may access, preserve and disclose Your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:

8.1 comply with legal process nationally or internationally

8.2 enforce these Terms

8.3 respond to your requests for service or complete your tasks

8.4 protect the rights, property or personal safety of Buddy, its subscribers and the public, or

8.5 pursuant to the terms of the Privacy Policy.

9. Security Components

You understand that our Platforms and software embodied within the Platforms may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Buddy and/or content providers who provide content to Buddy. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded in our Platforms.

10. Proprietary Rights

All materials on our Platforms, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Buddy. You acknowledge and agree that all content on our Platforms is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in our Platforms, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Buddy’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize our Platforms or any part of the Material for any purpose other than its intended purposes is strictly prohibited.

11. Buddy and Links to Third Parties

Our Platforms may contain links to other sites owned by third parties (i.e. advertisers, affiliate riders, strategic riders, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their Websites. Buddy does not assume any responsibility or liability for the actions, product, and content of any such Third Party websites. Before You use any 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.

We may introduce you to independent third parties to complete your tasks. Where we refer independent third party service providers, You shall pay the fees directly to the service provider. Buddy’s disclaims all responsibility and liability as regards the services, conduct or actions of such third party.

12. General Terms and Conditions

12.1 You agree and accept that the use of the Services provided by Buddy is at Your sole risk and further acknowledge that the Company disclaims all representations and warranties of any kind, whether express or implied.

12.2 You shall ensure that You will not indulge in any of the following activities while using the service asking the service provider to break any Police and/or government rules for any purpose (especially getting the service faster). The service provider has the right to refuse such a request by You.

12.3 You agree and acknowledge that the use of the Services offered by Buddy is at Your sole risk and that Buddy disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.

12.4 Without prejudice to the above, Buddy makes no representation or warranty that the Services will meet the customer’s requirements. In all circumstances Buddy’s liability is limited to the service fee paid by You for the transaction in question.

12.5 Buddy will not be liable for any damages of any kind arising from the use of the Service offered by the Company, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

12.6 Buddy shall be entitled at any time without giving any reason to terminate the request for services from You.

12.7 If You have any complaint in respect of the Services, You must inform Buddy of the same in writing within 24 hours of using the Services of Buddy.

12.8 Buddy shall not be liable for any conduct or behaviour or actions of third party service providers. However, Buddy encourages you to notify it of any complaints that you may have against the service provider that you may have hired using Buddy’s services.

12.9 Riders will only run Your errands as per your instructions. In the interest of user privacy, riders do not check any bags or packages for any contents. You are solely responsible for the contents of the packages.

12.10 Scheduling and rescheduling a task depends on the availability of Buddy riders at the time of scheduling and at the time of running the task. Should you choose to reschedule a task at a later point in time it will be considered as a new task.

12.11 If a rider/ service provider /merchant cannot fulfil any of your tasks, you will be notified as soon as is reasonably possible.

12.12 Under no circumstances can we run any tasks which are immoral or unlawful in nature. Buddy reserves the right to refuse to perform any tasks on the grounds of such tasks being immoral/unlawful/banned. Buddy may also refuse to perform any task on the grounds that such task is prohibited under any contract to which we are party.

12.13 To help the service provider to serve you better, please provide as much information as possible regarding the task.

12.14 The Company is hereby authorized to use the location based information provided by any of the telecommunication companies when You use the mobile phone to request a service. The location based information will be used only to facilitate and improve service offerings to You.

12.15 In the event your task requires the purchase or sale of any product or service, such product or service is provided to you from a third party merchant. Any grievance with such product or service should be raised with such merchant. You understand and acknowledge that except for the Services, Buddy by itself does not sell or provide any such product or service. Buddy is not responsible for the quality, merchantability or fitness of such product or service.

13. Pick Up and Drop Off Terms

These pick up and drop off terms (“PND Terms”) are published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy. In this case, these rules and regulations with respect to Buddy Delivery Services LLP (“Buddy”) will include, (i) these PND Terms, (ii) Terms of Use (https://Buddydelivery.in/terms.html), and the (iii) the Privacy Policy (https://Buddydelivery.in/privacy-policy.html), for access or usage of www.Buddydelivery.in (“Website”) and the Buddy mobile application (“Buddy App”).

This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.

• 1. As agreed by you in the Terms of Use, Buddy enables a registered user of the Buddy App to connect with independent service providers (“Buddy Rider”), 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)”).
• 2. You understand and agree that the pick-up and drop service is provided to you by the Buddy Partner directly. Buddy merely acts as a technology platform to facilitate such tasks raised by you, and Buddy does not assume any responsibility or liability for any deficiency in the service on part of the Buddy Partner.
• 3. You agree that if the Buddy Partner picks up certain item(s) from a Pick-Up Location on Your behalf, the Buddy Partner does so on your sole instructions under the task raised by you. Buddy is not a retail store, restaurant, food delivery service, merchandise delivery service, a courier or shipping service or food preparation entity.
• 4. You acknowledge and agree that the Pick-Up Location and the Drop Location have been voluntarily added by you on the Buddy App. You agree that your location data is collected in accordance with Buddy’s Privacy Policy.
• 5. You agree that you shall not request for a Pick-up/Drop-off Task on the Buddy 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.
• 6. You agree that before initiating a Pick-up/Drop-off Task on the Buddy Platform, you are well aware of these contents of the package sent or requested by you through registered Buddy 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).
• 7. 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.
• 8. You are also aware that the Buddy Partner may choose to not deliver item(s) for any reason whatsoever.
• 9. 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 Buddy Partner may report such information to the law enforcement authorities.

14. Cancellations

• As a general rule you shall not be entitled to cancel your order once you have received confirmation of the same. If you cancel your order after it has been confirmed, Buddy shall have a right to charge you cancellation fee of a minimum INR 20 upto the order value.

15. Compliance with Applicable Law

13.1 You agree that You shall not use any Buddy Platform in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy material, including without limitation, Buddy Content:

(a) in violation of any applicable law or regulation,

(b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others,

(c) that belongs to another person and to which the user does not have any right to,

(d) that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever,

(e) harm minors in any way,

(f) deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature,

(g) impersonate another person or entity,

(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of Buddy’s computer systems or site or Buddy’s users, customer’s computer systems or site,

(i) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation.

16. Intellectual Property Rights

14.1 The Services provided by Buddy is premised on a proprietary software developed and made available exclusively by Buddy. Buddy is the sole owner of the App, Website and all software created to provide You with the Services. Buddy provides You with a single limited license to download, use and access the App/Website on Your mobile telephone devices for the limited purpose of using the Services. The license is specifically personal, non-transferable, and non-exclusive. All content on the App or the Website, which is including, but not limited to, designs, text, graphics, images, video, information, logos, button icons, software, audio files and any other content (“Content”) are the exclusive and sole property of Buddy. You may not copy, reproduce or use such Content without due attribution of ownership to Buddy. All icons and logos are trademarks of and proprietary to Buddy. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

14.2 All Content is the exclusive copyright of Buddy or its licensors, except the Third Party Content and link to third party website. Systematic retrieval of Buddy Content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Buddy is prohibited. In addition, use of the Content for any purpose not expressly permitted by Buddy in these Terms is prohibited and may invite legal action.

17. Acceptance of Terms

15.1 These Terms shall remain in full force and effect for so long as it is posted on any of our Platforms. You may terminate your use of the services at any time.

15.2 Buddy reserves the right to terminate Your account or Your access to the Platforms immediately, with or without notice to You, and without liability to You, if Buddy believes that You have breached any of these Terms, furnished Buddy with false or misleading information, or interfered with use of the Platform by others.

18. Disclaimer of Warranties and liability

16.1 All the material and products on our Platforms, (including but not limited to software) and services, included on or otherwise made available to you through our Platforms are provided on “AS IS” and “AS AVAILABLE” basis, without any representation or warranties, express or implied, except otherwise specified in writing. Without prejudice to the forgoing paragraph, Buddy does not warrant that the Website or App and services provided pursuant thereto will be constantly available, or available at all.

16.2 Buddy will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with its Platforms. Buddy does not warrant that the Website; information, Content, materials, product (including software) or services included on or otherwise made available to you through its Platforms; their servers; or electronic communication sent from us are free of viruses or other harmful components.

16.3 SUBJECT TO APPLICABLE LAWS, IN NO EVENT WILL BUDDY OR ITS EMPLOYEES OR ITS AGENTS AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE PAYMENTS ACTUALLY RECEIVED AND RETAINED BY BUDDY FROM YOU AS SERVICE FEES FOR THE SERVICES RENDERED FOR ANY AND ALL CAUSES OF ACTION BROUGHT BY YOU OR YOUR AGENTS.

19. Cancellations and Refunds

17.1 We will proceed with the execution of Your task upon confirmation from You. Should You thereafter wish to cancel the task, You may incur a service fee if we have already commenced work.

17.2 If a third party vendor has been engaged or We have incurred a cost with a third party vendor, You cannot cancel the task. You will in such circumstances be subject to the cancellation and refund policies of such third party vendor.

17.3 Whilst we surely hope not, but We may need to cancel Your order in any of the circumstances below:

(a) in the event of the designated address following outside the delivery zone offered by us;

(b) if in our discretion the task involves the supply of goods/services that may violate applicable laws, standards and/or regulations or may offend taste and decency in the relevant jurisdiction.

(c) Inability to proceed/complete the task due to lack of information, direction or authorization from You;

(d) inability to complete the task due to reasons beyond Our control.

17.4 Refunds may be provided only when the task has been pre-paid. In any one of the following circumstances we may provide a refund:

(a) Your order packaging has been tampered or damaged at the time of delivery;

(b) Us cancelling Your order due to the area of delivery being outside the jurisdiction of the services offered by us or by third party vendors;

(c) You cancelling the order at the time of confirmation due to unavailability of the items you ordered for at the time of booking.

17.5 Our decision on refunds shall be at our sole discretion and shall be final and binding. All refund shall be processed and credited to your account in accordance with the terms that may be stipulated by the rider payment merchant and/or associated bank.

20. Exclusions and Limitations

Those who access or use our Platforms from other jurisdictions do so at their own volition and are responsible for compliance with the local law.

21. Indemnity

You agree to defend, indemnify and hold harmless Buddy, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from:

• (a) Your use of and access to our Platforms in a manner except as permitted herein;
• (b) Your violation of any of these Terms or any applicable law;
• (c) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or

This indemnification obligation will survive the termination of Your account or use of services and the App.

22. 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 our Platforms. These additional terms are part of these Terms, and You agree to comply with them when You participate in those promotions, or otherwise engage in activities governed by such additional terms.

23. Modification and Discontinuation

We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of our Platforms (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of our Platforms.

You may discontinue using the services at any time. You may also delete your account by writing to us at support@buddydelivery.in. Deletion of your account will be effective once all outstanding credits to your account have been cleared. Please note, upon deletion of your account we may still retain some information and record of transactions as required by any law, contract or policy applicable to Us.

24. Assignment

These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Buddy without restriction.

25. Integration Clause

These Terms together with the Privacy Policy and any other legal notices published by Buddy on its Platforms, shall constitute the entire agreement between you and Buddy concerning its Platforms and governs Your use of our Platforms and Service, superseding any prior agreements between You and Buddy with respect to our Platforms and Service.

26. Waiver and Severability of Terms

The failure of Buddy to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

27. Governing Law and Venue

These Terms are governed by the laws of India. Any matters arising under these terms shall be subject to the exclusive jurisdiction of courts located in Jaipur.

28. Grievance Officer

In case of any grievance arising from the use of the Website or the App, please write to the Grievance Officer at support@Buddydelivery.in

AGENT ADDENDUM TO USER TERMS & CONDITIONS

This Agent Addendum to User Terms & Conditions (“Addendum”) constitutes a legal agreement between an independent company in the business of providing transportation/logistics services (“Transportation/Logistics Company”) and an independent, for-hire transportation/logistics provider (“Agent”).

Agent currently maintains a contractual or employment arrangement with Logistics/Transportation Company to perform passenger carriage services or logistics services, as the case may be, for the Transportation and/or the Logistics Company.

In addition to the transportation/logistics services it regularly performs pursuant to his or her contractual arrangement with Transportation/Logistics Company, Agent is interested in receiving lead generation and related services through the Buddy Services. Transportation/Logistics Company and Agent desire to enter into this Addendum to define the terms and conditions under which Agent may receive such lead generation and related services.

In order to use the Buddy Services, Agent and Logistics/Transportation Company must agree to the terms and conditions that are set forth below. Upon Agent’s execution (electronic or otherwise) of this Addendum, Agent and Logistics/Transportation Company shall be bound by the terms and conditions set forth herein.

1. Definitions.

1.1. “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.

1.2. “Device” means an Buddy Device or Agent-Provided Device, as the case may be.

1.3. “Agent App” means Buddy’s mobile application that enables transportation providers to access the Buddy Services for the purpose of seeking, receiving and fulfilling on-demand requests for transportation/logistics services by Users, as may be updated or modified by Buddy at its discretion from time to time.

1.4. “Agent App ID” means the identification and password key assigned by Buddy to a Agent that enables a Agent to use and access the Agent App.

1.5. “Buddy Data” means all data related to the access and use of the Buddy 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 Buddy Services and the Agent App, and the Agent ID.

1.6. “Buddy Device” means a mobile device owned or controlled by Buddy that is provided to Transportation and/or Logistics Company or a Agent for the sole purpose of such Agent using the Agent App to provide Transportation and/or Logistics Services and for no other purpose whatsoever.

1.7. “Buddy Services” mean Buddy’s electronic services rendered via a digital technology platform, being on-demand intermediary and related services that enable transportation/logistics providers to seek, receive and fulfil on-demand requests for transportation/logistics services by Users seeking transportation/logistics services; such Buddy Services include Buddy’s software, websites, payment services, and related support services systems, as may be updated or modified by Buddy at its discretion from time to time.

1.8 “Logistics Services” means the provision of logistics services to Users via the Buddy Services in the Territory by Logisctics/Transportation Company and its Agents using the Vehicles, which would include but not limited to purchase of item(s) to deliver to the User(s) and pick-up an item from one point to deliver to the User(s), which would exclude certain item(s) as enlisted and updated from time to time under the Shipping Policy available on www.Buddydelivery.in.

1.9. “Territory” means the city or metro areas in India, which Transportation/Logistics Company and its Agents are enabled by the Agent App to receive requests for Transportation and/or Logistics Services.

1.10. “Transportation Services” means the provision of passenger transportation services to Users via the Buddy Services in the Territory by Transportation Company and its Agents using the Vehicles.

1.11. “User” means an end user authorized by Buddy to use Buddy’s mobile application for the purpose of obtaining Transportation and/or Logistics Services.

1.12. “User Information” means information about a User made available to Transportation/Logistics Company or a Agent in connection with such User’s request for and use of Transportation/Logistics Services, which may include the User’s name, pick-up location, contact information and photo.

1.13. “Vehicle” means any vehicle of Transportation Company that: (a) meets the then-current Buddy requirements for a vehicle on the Buddy Services; and (b) Buddy authorizes for use by a Agent for the purpose of providing Transportation and/or Logistics Services on behalf of Transportation/Logistics Company.

2. Use of the Buddy Services.

2.1. Agent App IDs. Agent will be issued a Agent App ID for providing Transportation Services to enable Agent to access and use the Agent App on a Device in accordance with this Addendum. Agent will maintain his or her Agent App ID in confidence and not share it with any third party unless called upon to do so under a lawful order or by the law enforcement authorities during the course of investigation, and will immediately notify Buddy of any actual or suspected breach or improper use or disclosure of the Agent App ID or the Agent App.

2.2. Provision of Transportation/Logistics Services. When the Agent App is active, User requests for Transportation/Logistics Services may appear to Agent via the Agent App if Agent is available and in the vicinity of the User. If Agent accepts a User’s request for Transportation/Logistics Services, the Buddy Services will provide certain User information to Agent via the Agent App, including the User’s first name and pickup location. In order to enhance User satisfaction with the Buddy mobile application and Agent’s Transportation Services, it is recommended that Agent waits at least twenty (20) minutes for a User to show up at the requested pick-up location. Agent acknowledges and agrees that once he or she has accepted a User’s request for Transportation Services, the Buddy Services may provide certain information about Agent to the User, including Agent’s first name, contact information, Transportation Company entity name, photo and location, and Agent’s Vehicle make and license plate number. Agent shall not contact Users or use any User’s personal data for any reason other than for the purposes of fulfilling Transportation/Logistics Services. Agent agrees that his or her contact and/or insurance information may be released to a User upon such User’s reasonable request. Agent may not, unless specifically consented to by a User, transport or allow individuals other than a User and any individuals authorized by such User during the performance of Transportation Services for such User. Agent shall transport all Users directly to their specified destination or otherwise complete all logistics related tasks, as directed by the applicable User, without unauthorized interruption or unauthorized stops.

2.3. Agent’s Relationship With Buddy. Buddy does not, and shall not be deemed to, direct or control Agent generally or in Agent’s performance of Transportation/Logistics Services or maintenance of any Vehicle(s). Agent acknowledges that Buddy does not control, or purport to control: (a) when or for how long Agent will utilize the Agent App or the Buddy Services; or (b) Agent’s decision, via the Agent App, to attempt to accept or to decline or ignore a User’s request for Transportation/Logistics Services, or to cancel an accepted request for Transportation/Logistics Services, via the Agent App, subject to Buddy’s then-current cancellation policies. Agent may be deactivated or otherwise restricted from accessing or using the Agent App or the Buddy Services in the event of a violation of this Addendum or Transportation/Logistics Company’s violation of the Agreement, or Agent’s or Transportation/Logistics Company’s disparagement of Buddy or any of its Affiliates, or Agent’s or Transportation/Logistics Company’s act or omission that causes harm to Buddy’s or any of its Affiliates’ brand, reputation or business as determined by Buddy in its sole discretion. Buddy also retains the right to deactivate or otherwise restrict Agent from accessing or using the Agent App or the Buddy Services for any other reason at the sole and reasonable discretion of Buddy. Additionally, Agent acknowledges Buddy’s rights in the BUDDY family of trademarks and names, including BUDDY, alone and in combination with other letters, punctuation, words, symbols and/or designs, the BUDDY Logo (“BUDDY Marks and Names”). Agent agrees that he or she will not try to register or otherwise claim ownership in any of the BUDDY Marks and Names, alone or in combination with other letters, punctuation, words, symbols and/or designs, or in any confusingly similar mark or name.

2.4. Ratings.

2.4.1. Agent agrees that: (a) after receiving a request for Logistics/Transportation Services, a User will be prompted by Buddy’s mobile application to provide a rating of such Transportation Services and Agent and, optionally, to provide comments or feedback about such Transportation Services and Agent; and (b) after providing Transportation Services, Agent will be prompted by the Agent App to provide a rating of the User and, optionally, to provide comments or feedback about the User. Agent shall provide ratings and feedback in good faith.

2.4.2. In order to continue to receive access to the Agent App and the Buddy Services, Agent acknowledges that he or she must maintain an average rating by Users that exceeds the minimum average acceptable rating established by Buddy for the Territory, as may be updated from time to time by Buddy in its sole discretion (“Minimum Average Rating”). In the event Agent’s average rating falls below the Minimum Average Rating, Agent may be provided a limited period of time to raise his or her average rating above the Minimum Average Rating. Agent agrees that if Agent does not increase his or her average rating above the Minimum Average Rating within the time period allowed (if any), Buddy may deactivate such Agent’s access to the Agent App and the Buddy Services. Agent agrees that repeated failure to accept User requests for Transportation Services while Agent is logged in to the Agent App creates a negative experience for Users of Buddy’s mobile application. Accordingly, Agent agrees that if they are logged in to the Agent App, they will strive to accept a substantial portion of User requests for Transportation/Logistics Services, and that if they do not wish to accept User requests for Transportation/Logistics Services for a period of time, they will log off of the Agent App.

2.4.3. Buddy and its Affiliates reserve the right to use, share and display Agent and User ratings and comments in any manner in connection with the business of Buddy and its Affiliates without attribution to or approval of Agent. Agent acknowledges that Buddy and its Affiliates are distributors (without any obligation to verify) and not publishers of Agent and User ratings and comments, provided that Buddy 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 Buddy’s or its Affiliates’ content policies.

2.5. Devices. If Agent receives any Buddy Device(s), Agent acknowledges that such Device(s): (a) are only to be used for the purposes of enabling Agent’s access to the Buddy Services; and (b) may not be transferred, loaned, sold or otherwise provided in any manner to any other party. If Agent elects to use any Agent-Provided Device(s), Agent acknowledges that Buddy is not responsible for the acquisition, cost or maintenance of any such Agent- Provided Device(s) or any necessary wireless data plan. Buddy shall make available the Agent App for installation on such Agent-Provided Devices. Agent agrees to not provide, distribute or share, or enable the provision, distribution or sharing of, the Agent App (or any data associated therewith) with any third party. Agent will delete and fully remove the Agent App from the Agent-Provided Device in the event that Transportation Company and/or Agent ceases to provide Transportation Services using the Agent- Provided Device. Agent agrees that: (i) use of the Agent App on a Agent-Provided Device requires an active data plan with a wireless carrier associated with the Agent-Provided Device, which data plan will be provided by either Transportation Company or Agent at their own expense; and (ii) use of the Agent App on a Agent-Provided Device as an interface with the Buddy Services may consume very large amounts of data through the data plan. Buddy advises that Agent-provided Devices only be used under a data plan with unlimited or very high data usage limits, and Buddy shall not be responsible or liable for any fees, costs or overage charges associated with any data plan.

2.6. Location Based Services. Agent acknowledges and agrees that his or her geo-location information must be provided to the Buddy Services via a Device in order to provide the Transportation Services. Agent acknowledges and agrees that: (a) his or her geo-location information will be monitored and tracked by the Buddy Services when Agent is logged into the Agent App and available to receive requests for Logistics/Transportation Services, or when Agent is providing Logistics/Transportation Services; and (b) the approximate location of Agent’s Vehicle will be displayed to the User before and during the provision of Logistics/Transportation Services to such User. In addition, Buddy may monitor, track and share Agent’s geo- location information obtained by the Agent App and Device for safety, security, technical, marketing and commercial purposes, including to provide and improve Buddy’s products and services.

3. Agent Requirements

Agent agrees that he or she shall will at all times: (a) hold and maintain (i) a valid Agent’s license with the appropriate level of certification to operate the Vehicle assigned to them, and (ii) all licenses, permits, approvals and authority necessary to provide passenger transportation services to third parties in the Territory; (b) possess the appropriate and current level of training, expertise and experience to provide Transportation/Logistics Services in a professional manner with due skill, care and diligence; and (c) maintain high standards of professionalism, service and courtesy. Agent agrees that he or she may be subject to certain background and driving record checks from time to time in order to qualify to provide, and remain eligible to provide, Transportation and/or Logisitics Services. Agent may be deactivated from or otherwise restricted from accessing or using the Agent App or the Buddy Services if Agent fails to meet the requirements set forth in this Agent Addendum or if Transportation/Logistics Provider fails to meet the requirements set forth in the Agreement.

4. Modification.

From time to time, Agent may be required to enter into updated versions of this Addendum in order to continue to have access to the Agent App and the Buddy Services.

5. Privacy.

Subject to all applicable laws, Buddy may provide to a third party any information (including personal data and any Buddy Data) about Agent provided under the Agreement
if: (a) there is a complaint, dispute or conflict, including an accident, between Agent and a User; (b) it is necessary to enforce the terms of the Agreement; (c) it is required, in Buddy’s or any Affiliate’s sole discretion, by applicable law or regulation; (d) it is necessary, in Buddy’s or any Affiliate’s sole discretion, to protect the safety, rights, property or security of Buddy, the Buddy Services or any third party; to detect, prevent or otherwise address fraud, security or technical issues; and/or to prevent or stop activity which Buddy 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 Buddy’s or any Affiliate’s sole discretion, for insurance or other purposes related to Agent’s ability to qualify, or remain qualified, to use the Buddy Services. Agent understands that Buddy may retain Agent’s personal data for legal, regulatory, safety and other necessary purposes after this Agreement is terminated. Buddy processes personal data (including that referenced in Section 2.6 above) in accordance with its privacy policy located at http://www.Buddydelivery.in/.

To participate as a Buddy Delivery agent, you must permit the Buddy Delivery Services to access location services through the permission system used by your mobile operating system (“Platform”) or browser. We may collect the precise location of your device when the Buddy Rider app is running in the foreground or background of your device. We may also derive your approximate location from your IP address. We use your location information to verify that you are present in your preferred region or city when you begin or engage in a delivery through the Buddy Delivery Services (a “Delivery”), connect you with delivery opportunities in your zone, and track the progress and completion of your Deliveries. You can enable the location tracking feature through the settings on your device or Platform or when prompted by the Buddy Rider mobile app. If you choose to disable the location feature through the settings on your device or Platform, Buddy Delivery Services LLP will not receive precise location information from your device, which will prevent you from being able to work as Buddy Delivery Agent and receiving delivery opportunities in your area.

6. Insurance.

Agent represents and agrees that he or she holds or is otherwise covered by a valid policy of liability insurance (in industry-standard coverage amounts) with respect to Agent’s operation of the Vehicle(s) under this Addendum.

7. No Third-Party Beneficiary.

The parties acknowledge that Buddy is a third-party beneficiary to this Addendum. Buddy will have the irrevocable right (and will be deemed to have accepted the right unless this is rejected promptly after receipt of a copy of the executed Addendum) to enforce the Addendum against Transportation/Logistics Company and Agent as a third-party beneficiary thereof.

By clicking “I accept” on the Buddy App or signing below (as such may be required by applicable law), Agent expressly acknowledges that he or she: (i) has read and understood this Addendum; (ii) has had the opportunity to consult with others (including an attorney) regarding this Addendum; (iii) agrees to be bound by the terms and conditions of this Addendum; and (iv) is legally competent to enter into this Addendum.

Cookie Policy

What are cookies?

Cookies are small text files that web sites often store on the computer hard drives of visitors to their sites. They are widely used in order to make web sites work, or work better, as well as to provide information to the owners of the site. A cookie often contains a unique number, which can be used to recognise your computer when a user of your computer returns to a website that it visited previously.

How does Buddy use cookies?

We use cookies to enhance the online experience of our visitors and to better understand how our site is used. Cookies may tell us, for example, whether you have visited our site before or whether you are a new visitor.
Types of cookies

There are two broad types of cookies – ‘first party cookies’ and ‘third party cookies’:

First party cookies are cookies that are served directly by the website operator to your computer, and are often used to recognise your computer when it revisits that site and to remember your preferences as you browse the site.
Third party cookies are served by a service provider on behalf of the website operator, and can be used by the service provider to recognise your computer when it visits other web sites. Third party cookies are most commonly used for web site analytics or advertising purposes.

In addition, cookies may be either ‘session cookies’ or ‘persistent cookies’. Your computer automatically removes session cookies once you close your browser. Persistent cookies will survive on your computer until an expiry date specified in the cookie itself, is reached.

Cookie categories

We use the categorisation set out by the International Chamber of Commerce (ICC) in their UK Cookie Guide, produced in April 2012. The guide is available to download in PDF format (290KB).

The guide identifies four categories of cookies, outlined below:

Strictly necessary cookies:
These cookies are essential for the user to move around the website and to use its features, e.g. shopping baskets and e-billing.
Performance cookies:
These cookies collect information about how the user makes use of the site, e.g. which pages the user visits most.
These cookies do not collect information that identifies the user.
Functionality cookies:
These cookies remember choices made by the user and enhance the features, e.g. language or users location.
This cookie is also used to remember a user’s preferences for a font size, or customisable parts of a web page.
Targeting or advertising cookies:
These cookies collect information about the users’ browsing habits.
This may also include links to social media sites, e.g. Facebook, etc.

The Buddy web site uses all four cookie categories.

Your rights

You have the right to choose whether to accept these cookies. You can exercise this right by amending or setting the controls on your browser to reflect your cookie preferences.

However, please note that if you choose to refuse cookies you may not be able to use the full functionality of this website.
Changing your cookie preferences

The “Help” menu in the toolbar of most web browsers will tell you how to change your browser’s cookie settings, including how to have the browser notify you when you receive a new cookie, and how to disable cookies altogether.

An online guide is available if you have difficulties trying to change your browser settings.

Additional references

Further information about cookies and how to control their use is available from All About Cookies and Your Online Choices.

WEBSITE TERMS & CONDITIONS

Introduction

These Website Standard Terms and Conditions written on this webpage shall manage your use of this website. These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.

Minors or people below 18 years old are not allowed to use this Website.

Intellectual Property Rights

Other than the content you own, under these Terms, Buddy and/or its licensors own all the intellectual property rights and materials contained in this Website.

You are granted limited license only for purposes of viewing the material contained on this Website.

Restrictions

You are specifically restricted from all of the following

publishing any Website material in any other media;
selling, sublicensing and/or otherwise commercializing any Website material;
publicly performing and/or showing any Website material;
using this Website in any way that is or may be damaging to this Website;
using this Website in any way that impacts user access to this Website;
using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being access by you and Buddy may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

Your Content

In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant Buddy a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. Buddy reserves the right to remove any of Your Content from this Website at any time without notice.

No warranties

This Website is provided “as is,” with all faults, and Buddy express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

Limitation of liability

In no event shall Buddy, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. Buddy, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Indemnification

You hereby indemnify to the fullest extent Buddy from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

Buddy is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

Assignment

Buddy is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between Buddy and you in relation to your use of this Website, and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of Rajasthan, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Rajasthan for the resolution of any disputes.

Buddy is pick-up and drop service and does not take responsibility for the contents of its parcels. We can only carry your complaints back to the vendors. We do not pick- up and drop cigarettes, alcohol to anyone below the legal age. In case of business deliveries, all items must be specified, we do not transport any illegal substances like guns, drugs.