Rider Partner Specific Policies

G4 Delivery Partner Terms and Conditions

This document is an electronic record in accordance with the Information Technology Act, 2000 and related rules. It is generated by a computer system and does not require any physical or digital signatures. By clicking “I ACCEPT” at the end of this document, you agree to be bound by these Delivery Partner Terms and Conditions (“Terms”) for using the G4 Delivery Partner Platform (“Platform”) to receive orders and deliver food and beverages to G4 customers (“Customers”).

Please read these Terms carefully before using the G4 Platform, as you will be bound by them upon clicking “I ACCEPT.” If you do not agree with any part of these Terms, please do not use the G4 Platform or avail any of its services. Your acceptance of these Terms constitutes a binding agreement between you and G4 (“G4.Business” or “G4”) in relation to the G4 Platform’s services.

I. Important Information

Your engagement with G4 to use the G4 Platform services is subject to your acceptance of these Terms. G4 reserves the right, at its sole discretion, to change, modify, add, or remove these Terms, in part or in whole, at any time, without prior notice to you. It is your responsibility to check these Terms periodically for changes. Your continued use of the G4 Platform following the posting of any changes will mean that you accept and agree to the changes.

As long as you comply with these Terms, G4 grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the services on the G4 Platform.

II. Definitions

For the purposes of these Terms:

• “Agreement” means the Delivery Services Availability Agreement executed between G4 and the Delivery Partner, pursuant to which the Delivery Partner agrees to undertake Delivery Services.

• “Applicable Law” means and includes any law, statute, ordinance, rule, regulation, guideline, policy, or other pronouncement having the effect of law in India, as in effect or which may come into effect on a future date.

• “Delivery Partner,” “You,” “Your,” or “Yourself” means an individual who has executed an Agreement for the provision of Delivery Services.

• “Delivery Partner Information” means and includes any personal data collected from the Delivery Partner, including know your customer documents with the Delivery Partner’s bank, copies of valid government-issued vehicle registration certificates, vehicle insurance copies, driving licenses, identity proof, residence proof, location data, proof of ownership of the Delivery Partner Vehicle, and any other information that G4 may deem fit.

• “Delivery Partner Vehicle” means the vehicle used by the Delivery Partner for providing Delivery Services, as defined in Clause 5(i).

• “Delivery Services” refers to the services provided by the Delivery Partner, including:

  • Making themselves available on the G4 Platform for the purpose of receiving orders placed by Customers.

  • Collecting the food and beverages ordered by Customers and delivering them.

• “Intellectual Property Rights” means and includes copyright (whether registered or not), patents (including rights of filing patents), trademarks, trade names, trade dresses, house marks, collective marks, associate marks, and the right to register them, designs (both industrial and layout), geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, reproducing rights, domain names, internet addresses, graphics, artwork, links, information, logos, software, configuration, marketing and distribution material, and any other intellectual property right in the G4 website and Platform, which are used and/or owned by G4.

• “Lead Business Associate” means a person designated by G4, responsible for ensuring all questions and queries of Delivery Partners operating within a defined territorial area are answered, as well as providing all necessary operational support that such Delivery Partners may require.

• “Platform Services” means the services provided by G4, including the G4 Platform and all related technologies.

• “Restaurant Partner” has the meaning assigned to it in the Agreement.

• “Terms and Conditions” or “Delivery Partner Terms” refer to these Delivery Partner Terms and Conditions, which are available on the G4 Platform, as amended from time to time.

• “G4” or “We” or “Us” or “Our” means G4.Business (Sotor Easy Life Technologies LLP), a company incorporated under the Companies Act, 1956, and having its registered office at [Insert your company’s registered address here] This expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all our successors, affiliates, and assigns.

• “G4 Platform” refers to the G4 Delivery Partner Platform, including the mobile interface provided to the Delivery Partner. This includes all the back-end technology incorporated to enable the Delivery Partner to provide Delivery Services and enable G4 to track orders and other relevant information.

Unless the context of these Delivery Partner Terms otherwise requires:

• A word or an expression that denotes a natural person shall include an artificial person (and vice versa).

• Any one gender shall include the other genders.

• The singular shall include the plural (and vice versa).

• Headings and bold typeface in these Delivery Partner Terms are for convenience only and shall be ignored for the purposes of interpretation.

• The use of the word “including” followed by a specific example(s) in these Delivery Partner Terms shall not be construed as limiting the meaning of the general wording preceding it.

• The rule of construction, if any, that a contract should be interpreted against the parties responsible for drafting and preparation thereof, shall not apply.

• Reference to any clause, article, section, or schedule shall mean a reference to a clause, article, section, or schedule of these Delivery Partner Terms, unless specified otherwise.

• Reference to any Applicable Law shall mean a reference to that law as amended, consolidated, supplemented, or replaced.

III. Applicability of Delivery Partner Terms

These Delivery Partner Terms, together with the Agreement, form the complete understanding between the Parties. By accepting these Delivery Partner Terms, you acknowledge and agree to the Delivery Partner Terms and G4 policies that G4 makes applicable to you from time to time, to the fullest extent possible.

Unless defined herein, the words, phrases, and capitalized terms contained or referred to in these Delivery Partner Terms shall be construed as having the meaning thereby attributed to them in the Agreement.

IV. Services and Charges

Subject to the terms and conditions contained in these Delivery Partner Terms and the Agreement, the Delivery Partner agrees to make themselves available on the G4 Platform to undertake Delivery Services as and when a request for the same is placed by a Customer through the G4 Platform, and to provide Delivery Services to the Customers to the best of their abilities.

The Delivery Partner agrees and acknowledges that upon acceptance of an order by the Delivery Partner, the Delivery Services undertaken by them shall constitute a separate contract for services under the Consumer Protection Act, 2019 or any successor legislations, between the Delivery Partner and the Customer, to which G4 is not a party.

• At the time of availing the Platform Services from G4 for the first time, the Delivery Partner shall, at G4’s discretion, be required to pay either (i) an onboarding fee (“Onboarding Fee”) to G4 of such amount and in such manner as prescribed by G4 from time to time, or (ii) an interest-free refundable security deposit (“Security Deposit”) to G4, of such amount and in the manner prescribed by G4 from time to time. Additionally, G4 shall charge additional fees from the Delivery Partner for any additional training and support services provided by G4 (“Training and Support Fees”). To enable the Delivery Partner to render Delivery Services, G4 may provide the Delivery Partner with certain assets including, but not limited to, the G4 Platform on the Delivery Partner’s smart phone; bags, etc. Upon termination of these Delivery Partner Terms and the Delivery Service Agreement, the Security Deposit, if any, shall be refunded to the Delivery Partner by G4 after the assets are returned to G4 in usable condition. In the event the asset returned by the Delivery Partner is not in usable condition, G4 shall deduct such amount as provided in Annexure A hereto. The Parties understand that the decision of G4 whether an asset is usable or not shall be final and binding on the Delivery Partner.

• The Delivery Partner shall, at the discretion of G4, be required to either pay the Onboarding Fee or deposit the Security Deposit which is prescribed at the time of joining in the city of their joining.

• In consideration of G4 making the G4 Platform available to you, G4, at its discretion, may charge a fee for providing the Platform Services (“Platform Charges”), which shall be notified to you by such means as G4 may deem fit. Your continuous use of the G4 Platform and the Platform Services after such notification shall be deemed to be acceptance of the Platform Charges by you. The Platform Charges may be revised by G4, at its discretion, from time to time, without any notice.

• The amount of Training and Support Fees, Onboarding Fee, Security Deposit, and the Platform Charges shall be determined by G4 and may be revised from time to time at the sole discretion of G4.

• The Delivery Partner shall create a log-in ID on the G4 Platform to be able to render Delivery Services. The Delivery Partner acknowledges that the sign-in details, including the username and password, are confidential and, accordingly, shall not share them with any third party, without written approval from G4.

• The Delivery Partner shall have access to the G4 Platform at all times unless there is a technical glitch or if the G4 Platform is being updated. Once logged-in, the Delivery Partner shall remain available and shall be able to connect with the Customers for the purpose of receiving orders placed by the Customers and undertaking Delivery Services in connection with the same.

• The Delivery Partner confirms and acknowledges that by logging-in on the G4 Platform, they agree to be tracked by G4 via GPS-enabled tracking technology. G4 may share this information with Customers on a real-time basis for the purpose of enabling the status of the Delivery Services being provided by the Delivery Partner to the Customers. The Delivery Partner further agrees that logging-in on the G4 Platform shall be deemed acceptance of the Delivery Partner’s intention to accept orders of Customers to render the Delivery Services mentioned herein.

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

• In consideration for the Delivery Services provided by the Delivery Partner to the Customers of delivering food and beverages to the Customers, the Delivery Partner may charge the Customers a service fee (“Delivery Charges”), subject to such Delivery Charges being accepted by the Customer at the time of placement of the order. The Delivery Charges shall be agreed between the Delivery Partner and G4 from time to time, in the manner provided under these Delivery Partner Terms.

• In order to incentivize the Delivery Partner for the availability committed by them on the G4 Platform to undertake Delivery Services as and when they are connected to a Customer, G4 may, at its discretion, pay the Delivery Partner a fee (“Availability Fee”), in addition to the Delivery Charges collected by the Delivery Partner from the Customers.

• Notwithstanding anything to the contrary under Clause 3(ix) above, the Delivery Partner hereby absolutely, unconditionally, and irrevocably authorizes G4 to determine the amounts chargeable by the Delivery Partner as Delivery Charges, through such means as G4 may determine, including real-time analysis of the demand for Delivery Services, the availability of delivery partners on the G4 Platform to provide Delivery Services to the Customers, traffic and weather conditions, seasonal peaks, and such other factors as G4 may deem fit, and you agree that the Delivery Charges may be revised from time to time on the basis of one or more of these factors. G4 shall, from time to time and through such means as G4 may deem fit, notify you of the Delivery Charges that you may charge the Customers.

• You shall not charge the Customers any amount over and above the amount of Delivery Charges agreed between you and G4 under these Delivery Partner Terms.

• You hereby authorize G4 to collect from the Customers, on your behalf, the Delivery Charges charged by you to the Customers for undertaking Delivery Services, which shall be remitted to you on a weekly basis through such mode and on such day(s) of a week as G4 may from time to time decide.

• G4 may, at its discretion, pay the Delivery Partner an additional amount and/or incentive (in addition to what G4 collects from the Customers) for the Delivery Services provided by the Delivery Partner using the G4 Platform.

• G4 may, at any time: (a) set off and deduct any amounts due from, payable by, or proposed to be paid by G4 to the Delivery Partner, including the Delivery Charges collected by G4 from the Customers on behalf of the Delivery Partner and the Availability Fee; and (b) apply such amounts towards any amounts due from, or payable by the Delivery Partner under or in connection with the Agreement and the Delivery Partner Terms, including without limitation the Platform Charges. G4 shall have the right and the obligation to pay only such amounts due and payable by G4 to the Delivery Partner, if any amount so remains due and payable after such set off, deduction, and application as set out under this Clause 3(xvii). Nothing in this Clause 3(xvii) shall prejudice any right or remedy available to G4, whether under contract, law, or equity to recover any amounts due from, or payable by the Delivery Partner under or in connection with the Agreement and the Delivery Partner Terms, whether such amounts arise under contract, tort, statute, or equity.

• Notwithstanding anything contained in these Delivery Partner Terms, there shall be no obligation on the Delivery Partner to be available on the G4 Platform for a minimum number of hours/days. The Delivery Partner acknowledges that they have flexible timings and can choose to log-in to the G4 Platform anytime they want and for however long they want, at their sole discretion. G4 shall also not supervise the actions and conduct of the Delivery Partners unless they are in gross violation of their duty to render Delivery Services under these Delivery Partner Terms or the Agreement. All queries and questions raised by the Delivery Partner, including but not limited to how to collect an order from the outlet of a Restaurant Partner, directions for the delivery address, manner to keep and store the food and beverages while in transit, shall be directed to a Lead Business Associate for the particular area from where the Delivery Partner is operating to render the Delivery Services.

V. Taxes

• You authorize G4 to make Tax Deduction at Source (TDS) as per the Income Tax Act, 1961, where applicable, and other applicable taxes from the amount paid or remitted to you under the Agreement or these Delivery Partner Terms, including the Delivery Charges collected by G4 on your behalf from the Restaurant Partners and the Customers. This includes the following:

  • In case any withholding tax has to be deducted from the Delivery Charges or any amount payable by G4 under the Agreement and these Delivery Partner Terms, G4 shall deduct the same and provide the Business Associate with adequate proof of depositing the said withholding tax with the Indian tax authorities in accordance with the Income Tax Act, 1961.

  • If G4 is required to withhold any payment under Applicable Law from any amount due or payable to the Delivery Partner under or in connection with the Agreement and the Delivery Partner Terms, G4 shall be entitled to deduct the same and deal with it in such manner as may be required under Applicable Law.

• G4 shall raise a tax invoice containing such particulars as may be prescribed under the Goods and Service Tax Act, 2017 and the rules made thereunder, as amended from time to time for any amount charged to you by G4 including the Platform Charges. The Platform Charges shall be inclusive of applicable taxes.

VI. Obligations of the Delivery Partner

• The Delivery Partner makes themselves available to undertake Delivery Services as and when a request for the same is placed by a Customer through the G4 Platform.

• If required, the Delivery Partner shall use their personal vehicle (“Delivery Partner Vehicle”) for providing Delivery Services. No vehicle of any kind shall be provided by G4 under any circumstances.

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

• All expenses incurred in maintaining, running, and riding the Delivery Partner Vehicle shall be borne exclusively by the Delivery Partner unless otherwise agreed by G4.

• The Delivery Partner shall hold and possess a valid driving license and a valid registration number for the Delivery Partner Vehicle, if required under the Applicable Law for the vehicle used by the Delivery Partner for providing Delivery Services, which are up to date and in subsistence throughout the Term of these Delivery Partner Terms. Copies of the driving license as well as the registration certificate of the Delivery Partner Vehicle, including any other Delivery Partner Information, shall be handed to G4 before commencing Delivery Services or at any other time deemed appropriate by G4.

• The Delivery Partner shall have valid and adequate insurance coverage for the Delivery Partner Vehicle. The Delivery Partner shall ensure that the insurance is valid, up to date, and in subsistence throughout the Term of these Delivery Partner Terms. A copy of the insurance policy shall be given by the Delivery Partner to G4. The Delivery Partner further confirms that all premium payments towards the insurance policy shall be paid exclusively by the Delivery Partner. Under no circumstances shall G4 be liable to make any payment with respect to such insurance.

• During the course of undertaking Delivery Services, the Delivery Partner shall conduct themselves with honesty, discipline, and in accordance with the policies and instructions of G4, whether presently in force or adopted in the future, including but not limited to safety, driving rules, etc. The Delivery Partner shall also comply with all Applicable Law including the provisions of the Motor Vehicles Act, 1988 and its corresponding rules.

• The Delivery Partner shall not commit any fraud while providing Delivery Services or otherwise commit any act or omission, to gain any undue advantage. The Delivery Partner agrees and acknowledges that in case G4 believes that the Delivery Partner has committed any of the foregoing while undertaking Delivery Services, G4 shall, in addition to its right to terminate the Agreement and these Delivery Partner Terms, at its sole discretion reserve the right to (a) disable the Delivery Partner from undertaking Delivery Services through the G4 Platform for such time as it deems fit and/or (b) deduct the undue gain made by the Delivery Partner through the fraudulent orders from the payout including incentives thereof and/or the Security Deposit, if any. This right to withhold payout including incentives thereof may also be exercised by G4 in the event service parameter guidelines, as prescribed by G4 from time to time, are not met.

• At no time whatsoever shall the Delivery Partner tamper, damage, open, or do anything to the food and beverages orders of the Customers that they are not specifically permitted to do. In case G4 suffers any loss due to the Delivery Partner tampering, damaging, or opening the packaging of food and beverages orders of the Customers, G4 shall have the right to recover any loss, if any, from the payments required to be made by G4 to the Delivery Partner under the Agreement or these Delivery Partner Terms.

• Where the Delivery Partner is required, under instructions from G4, to use their personal cash for the purpose of paying the Restaurant Partner to pay the Restaurant Partner for the value of the order for a cash-on-delivery order, then the Delivery Partner shall collect the original receipt from the Restaurant Partner and re-collect their payment from the Customer by handing the original receipt. Without prejudice to the preceding sentence of this Clause 5(x), any amount collected by the Delivery Partner from the Customers, on behalf of, and due to G4, shall be deposited by the Delivery Partner with G4 in such manner and at such frequencies as G4 may instruct from time to time.

• Notwithstanding Clause 5(x), where the Delivery Partner is required to collect the value of the order from the Customer but is not required to pay the value of the order to the Restaurant Partner, then any amount collected by the Delivery Partner from the Customers, on behalf of, and due to G4, shall be deposited by the Delivery Partner with G4 in such manner and at such frequencies as G4 may instruct from time to time.

• The Delivery Partner shall maintain the welcome kit in good condition at all times and immediately return it to G4, upon the termination of these Delivery Partner Terms. In the event the assets are not returned in a condition acceptable to G4 or not returned at all, G4 retains the right to set-off the value of the welcome kit against the Security Deposit (if any) and/or payments required to be made by G4 to the Delivery Partner under the Agreement or these Delivery Partner Terms.

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

• The welcome kit shall be used in a prudent manner, so as not to destroy or damage any of its contents. Upon receiving any order to render Delivery Services after logging-in to the G4 Platform, the Delivery Partner shall act and perform their role in an ethical manner and to the best of their abilities by ensuring a timely pick-up and delivery. In case of any delays due to traffic, the Delivery Partner shall inform the Restaurant Partner and the Customer and follow instructions as given by them.

• The Delivery Partner acknowledges that the goodwill and reputation of G4 are at stake with how effectively and efficiently the Delivery Partner renders Delivery Services pursuant to these Delivery Partner Terms. Accordingly, the Delivery Partner shall not do any act that adversely affects G4 and undertakes to be in compliance with Applicable Law at all times and protect the brand image, business reputation, or any other asset/property of G4.

• While logged-in to the G4 Platform, the Delivery Partner shall not engage in any illegal activity or perform any actions that are contrary to Applicable Law.

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

• The Delivery Partner is not entitled to claim reimbursement of hospitalization/hospital bills that may be incurred by the Delivery Partner while rendering Delivery Services or incurred by their family members for any unfortunate accidents or severe illness, during the subsistence of the Agreement and these Delivery Partner Terms.

VII. Obligations of G4

• G4 shall endeavor to take reasonable and financially prudent measures to ensure a sufficient flow of orders from Customers to the Delivery Partner.

• All Delivery Partner Information procured shall be kept confidential and used only as per these Delivery Partner Terms and the Agreement.

• G4 shall make all reasonable efforts to ensure that the G4 Platform is running at all times. However, it shall not be liable for any technical glitches or updates due to which a Delivery Partner is unable to log-in to the G4 Platform or receive orders.

VIII. Delivery Partner Information

• G4 may collect Delivery Partner Information at the time of execution of these Delivery Partner Terms or at any time thereafter, to establish the identity of the Delivery Partner. G4 reserves the right to store, process, access, and use the Delivery Partner Information for business purposes and needs, background check, verification, marketing, service, development, analytics, research, and any other purpose as G4 may deem fit and in accordance with Applicable Law. The Delivery Partner hereby expressly consents to such collection and use of Delivery Partner Information.

• Subject to Applicable Law, G4 may provide to a third party, governmental agency, judicial body, any Delivery Partner Information or information relating to Delivery Partner Services, if there is a complaint, dispute, or conflict, including any accident involving a Delivery Partner on one hand and an end-consumer, or a third party on the other hand.

IX. Intellectual Property Rights

• The Parties hereby agree that all Intellectual Property Rights shall be in absolute ownership, possession, and control of G4, and the Delivery Partner is only permitted to use such Intellectual Property Rights in connection with Delivery Services rendered under these Delivery Partner Terms as are specifically permitted by G4. The Parties hereby clarify that no license or rights are granted in the Intellectual Property Rights to the Delivery Partner under these Delivery Partner Terms, by implication or otherwise.

• Notwithstanding anything contained in these Delivery Partner Terms, in the event the Delivery Partner uses the Intellectual Property Rights in such a manner so as to license, sub-license, create derivative Intellectual Property Rights, or use it otherwise not being in connection with Delivery Services rendered under these Delivery Partner Terms, the same shall constitute a breach of these Delivery Partner Terms, and G4 reserves its rights to resort to legal proceedings against the Delivery Partner for recovering damages and losses suffered or likely to be suffered.

X. Representations and Warranties

• 9.1 The Delivery Partner represents and warrants as follows:

  • The Delivery Partner is capable of entering into the present Agreement, pursuant to the Indian Contract Act, 1872 and is not below the age of 18 years as on the Effective Date.

  • All Delivery Partner Information provided shall be true and correct, and no information that could impact the Delivery Partner’s performance to render Delivery Services pursuant to these Delivery Partner Terms shall not be hidden from G4 anytime during the subsistence of these Delivery Partner Terms.

  • The Delivery Partner has not been convicted by any court in India or any other country of any crimes including but not limited to involving moral turpitude. Further, the Delivery Partner is not a party to any pending litigation, which shall materially affect their obligations under these Delivery Partner Terms.

• 9.2 G4 hereby represents and warrants as follows:

  • It is fully capable of executing these Delivery Partner Terms and the Delivery Service Agreement and has the necessary authority.

  • It shall not exercise operational supervision on the activities of the Delivery Partner as they are free to determine how to render Delivery Services so long as G4’s reputation and goodwill are not damaged.

XI. Termination

• 10.1 G4 reserves the right to terminate these Delivery Partner Terms and/or the Agreement and deny the Delivery Partner access to the G4 Platform at any time for any reason. The date on which the Delivery Partner’s access to the G4 Platform is intentionally blocked by G4 shall be considered as the Termination Date of these Delivery Partner Terms and the Agreement.

• 10.2 Without prejudice to the generality of the foregoing clause, G4 reserves the right to terminate these Delivery Partner Terms and the Agreement with immediate effect for:

  • Any breach of the terms of these Delivery Partner Terms or the Agreement by the Delivery Partner.

  • Failure to verify or authenticate Delivery Partner Information.

  • Any action or omission by the Delivery Partner that can cause legal or contractual liability for G4, including but not limited to fraudulent conduct, customer complaints, continuous unsatisfactory reviews by the Restaurant Partners or the Customers, misconduct, negligence, and all other actions specifically prohibited under Applicable Law.

• G4 is also at liberty to terminate the contract at its discretion, where, in its opinion, the continuance of the services of the Delivery Partner is detrimental to the business interest of G4 due to the acts of the Delivery Partners, such as the following:

  • Misbehavior, rude behavior with the staff of G4, Restaurant Partners, Customers, or any other persons associated with G4.

  • Any acts involving criminal offenses punishable under law, including physical assault, threatening any of the staff of G4, persons associated with G4, and any other persons.

  • Concealment of fact/material information while entering into a contract with G4.

  • Poor & irregular attendance for work, meetings, and failure to abide by the rules/terms of the contract.

  • Being drunk while on duty and drunken behavior.

  • Poor performance for two consecutive weeks. Performance includes – daily productivity, login hours, idle hours, number of deliveries completed, quality standards such as denying/fast forwarding/canceling the order placed by a Restaurant Partner.

  • Commission of fraud/misappropriation/embezzlement for undue monetary gain, which is against the interest of G4.

  • Negligence in performing the duty, causing damage of moveable and immoveable assets of G4, its employees, Customers.

  • Indulging in spreading content through digital media, social networking sites, or any other form, which could be detrimental to G4’s brand and its image.

  • Indulging in acts such as creating ruckus/strike/or any activity against G4, which could be detrimental to G4’s brand and its image.

  • Indulging in unauthorized disclosure of Confidential Information of G4 to an external agency, person, or organization.

  • Misuse of assets provided by G4 and welcome kits, which could be detrimental to the interest of G4’s brand and its image.

  • Absconding for more than 4 hours with any asset, delivery item, money, or any other valuable item belonging to G4, its employees, Customers, Restaurant Partner(s), and/or other staff member(s).

  • Failure to abide by any of the rules and guidelines given by G4 as part of service quality standards and principles.

  • Doing any act unbecoming of a Delivery Partner.

  • In case the background check, whether wholly or partially, is found negative at any point of time during the term of these Delivery Partner Terms.

• 10.3 Upon termination of these Delivery Partner Terms and the Agreement, the Delivery Partner shall return the assets, within 24 hours from the Termination Date. In case the Delivery Partner fails to do so, G4 shall forfeit the Security Deposit (if any) and shall further reserve the right to set-off the cost of assets against the payments required to be made by G4 to the Delivery Partner under the Agreement or the Delivery Partner Terms.

• 10.4 Notwithstanding anything contained in this Clause, G4 reserves the right to recover any amounts due and owed by the Delivery Partner and take appropriate legal actions that may be available under Applicable Law and equity for recovery of any amounts due.

• 10.5 In the event, the Delivery Partner leaves or absconds, the provision of Clauses 9.3, 9.4 or Annexure A to these Delivery Partner Terms shall apply.

• 10.6 In case the Delivery Partner intends to terminate these Delivery Partner Terms and the Agreement on their own, they have to intimate G4 in advance by giving a fifteen (15) days prior notice in writing, their intention to terminate the contract.

XII. Inactivity

Failure to log-in to the G4 Platform for a continuous period of 15 days will lead to the account of the Delivery Partner being made inactive. To re-activate the account, the Delivery Partner can, through the support section of the G4 Platform application, request such reactivation of their account. The re-activation shall be subject to the requirement of Delivery Partners in the area of operation of the Delivery Partner. The Delivery Partner, through the G4 Platform, can create a request to be intimated when such a requirement arises.

XIII. Compliance with Applicable Law

The Delivery Partner agrees and consents to comply with all Applicable Law at all times while providing the Delivery Services and while accessing the G4 Platform.

XIV. Amendment

G4 reserves the right to change, modify, reinstate, amend, or delete any terms and conditions contained in these Delivery Partner Terms, without prior notice, at any time and in its sole discretion, by posting a change notice or a new agreement on the G4 Platform. The Delivery Partner shall be responsible for keeping themselves apprised and informed of the revised terms and conditions at all times.

XV. Relationship of the Parties

The Delivery Partner is an independent business contractor, and these Delivery Partner Terms constitute a principal-to-principal contract. It shall not create any partnership, joint venture, employment, agency, franchise, sales representative, or any vicarious and absolute liability relationship between the parties. It is clarified between the parties that neither party shall be liable for any action or omission of the other party in any manner. It is clearly understood and agreed that under these Delivery Partner Terms, no relationship of employer and employee exists between G4 and the Delivery Partner. The Delivery Partner shall not have any claim for permanent employment or employment benefits under any statutes/local laws.

XVI. Indemnification and Limitation of Liability

• You agree and undertake to indemnify and hold harmless G4, its affiliates, successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives, or any third party from and against any losses, damages, liability, claims, costs, penalty, and expenses (including, without limitation, reasonable attorneys’ fees) incurred by reason of:

  • Any breach or alleged breach by you of your obligations, performance, or observance of your role, functions, responsibilities, representations, or warranties under the Delivery Partner Terms and the Agreement.

  • Any violation of G4’s policies.

  • Any act or omission that causes or may cause harm to the reputation and goodwill of G4.

  • Any claim of violation of intellectual property of G4 or any third party by your usage of Intellectual Property Rights in a manner not permitted under the Agreement and these Delivery Partner Terms.

  • Your misconduct or unauthorized access or use of the Customer data on the G4 Platform or by the transferring of such data to any third party or unauthorized disclosure or use of Confidential Information of G4.

  • Any act of theft, fraud, negligence, and misconduct by you.

  • Any damage to the Restaurant Partner’s or Customer’s property or any asset.

  • Any misbehavior towards the Restaurant Partner, Customers, or G4 and its employees, or tampering with the food and beverages packaging while performing the Delivery Services.

• You shall be liable to indemnify and hold G4 harmless against all damages, losses, costs, and expenses incurred by G4 as a consequence of any complaint from any Customer and/or Restaurant Partner received by G4 with respect to any error or deficiency in the Delivery Services.

• In addition to the indemnification rights of G4 under these Delivery Partner Terms, G4 shall also be entitled to such other remedies available under Applicable Law for breach of contract where time is of essence.

• In no event will G4 be liable for any losses arising from or in connection with these Delivery Partner Terms and the Agreement, pursuant to any claim by the Delivery Partner against G4 under contract, tort, or otherwise, if such losses could have been avoided by the Delivery Partner using reasonable efforts to mitigate them. Further, G4 shall also not be liable to the Delivery Partner in contract, tort, or otherwise for indirect, special, incidental, exemplary, punitive, or consequential damages of any kind whatsoever even if advised of the possibility of such damages. Notwithstanding anything contrary contained elsewhere in the Agreement, the total cumulative liability of G4 to the Delivery Partner or to any person claiming under contract, tort, or otherwise, shall not exceed an amount of INR 10,000/- (Rupees Ten Thousand only).

• G4 shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Delivery Partner arising out of the use of the Platform Services offered by G4 to the Delivery Partner directly or indirectly, for any reason whatsoever, including but not limited to damage or loss caused to the Delivery Partner as a result of a Restaurant Partner/Customer’s non-compliance, which includes, but is not limited to, any incorrectly placed voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system, or other circumstances whether or not beyond the control of G4 or any person or any organization involved in the above-mentioned systems. Without prejudice to the above, G4 shall not be liable for any direct or indirect loss or damage, which may be suffered by the Delivery Partner as a result of any failure by a Customer to show up within any stipulated time even if G4 has agreed to such timing or even if the Customer has advised G4 of the possibility that they may not show up within the stipulated time.

XVII. Specific Indemnity

The Delivery Partner shall be solely liable for any and all accidents/incidents involving the Delivery Partner Vehicle, while providing the Delivery Services. G4 shall not be held liable for any such accidents/incidents involving the Delivery Partner.

XVIII. Set-Off

In addition to any other remedies provided under a contract including the Agreement and these Delivery Partner Terms or provided by law or in equity, G4 may, at any time, without notice to the Delivery Partner, set off any liability of the Delivery Partner to G4 against any liability of G4 to the Delivery Partner, whether either liability is present or future, liquidated or unliquidated, and whether or not either liability arises under the Agreement or these Delivery Partner Terms.

XIX. Dispute Resolution

These Delivery Partner Terms and the Agreement shall be governed by the laws of India. The courts of Nagpur, Maharashtra shall have exclusive jurisdiction over all disputes arising from these Delivery Partner Terms and the Agreement.

XX. Penalty

Notwithstanding anything contrary contained in these Delivery Partner Terms or the Agreement, G4 shall reserve the right to charge you a penalty in the event you indulge in fraudulent activities while providing Delivery Services. The penalty may be deducted from the payments made to you by G4.

XXI. Miscellaneous

• Force Majeure: Neither Party shall have any liability under or be deemed to be in breach of these Delivery Partner Terms or the Agreement for any delays or failures in performance of these Delivery Partner Terms and the Agreement which results from circumstances beyond the reasonable control of that Party such as acts of god, fire, earthquake, tempest, flood, lighting, violence of any army or mob, or enemies of the country.

• Assignment: No rights or liabilities under these Delivery Partner Terms and the Agreement can be assigned by any of the Parties hereto without the prior written consent of the other Party.

• Entire Agreement: These Delivery Partner Terms shall be read along with the Agreement and supersede all prior discussions and agreements (whether oral or written) if any, between the Parties with respect to the subject matter of these Delivery Partner Terms and the Agreement.

• Term: These Delivery Partner Terms and the Agreement shall, unless specifically terminated in accordance with the provisions contained herein, be valid and effective from the date of the execution of the Agreement till such time that the Delivery Partner continues to remain enlisted with the G4 Platform.

• Waiver: No waiver of any part of these Delivery Partner Terms and the Agreement or consent to any departure from it by any Party shall be effective unless it is in