Terms & Conditions

1. Accessing, registering, browsing courier App, transacting or otherwise using and availing Borzo Platform, indicates the GTA Operator’s agreement and acceptance to all the terms and conditions under this SC. By impliedly or expressly accepting this SC, the GTA Operator also accepts and agrees to be bound by:
(i) all of Borzo India’s policies (including but not limited to Privacy Policy available at https://borzodelivery.com/in/privacy-policy forms, as amended from time to time);
(ii) any plan limits, product disclaimers or other restrictions presented to GTA Operator on Borzo Platform page and through their Account; and
(iii) the applicable third-party policies which are incorporated herein by way of reference.
1.2. This SC shall be binding upon and inure to the benefit of the GTA Operator.
1.3. Notwithstanding anything stated herein, if the GTA Operator transacts on the Technology and/or avails services of third-party service providers (“TSPs”), as applicable, whose services are used in addition to or in conjunction with on the Technology, it shall be subject to the third-party policies that are applicable for such transaction and/or use.

1. Use of Borzo Platform is available only to persons who can enter legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, person of unsound mind, and/ or those restricted by law are not eligible to use Borzo Platform (including courier App). Any person under the age of 18 shall not register as a GTA Operator through courier App and shall not transact on or use Borzo Platform. Borzo India reserves the right to terminate any GTA Operator’s registration and/or refuse to provide such person with access to the courier App if it is brought to Borzo India’s notice or if it is discovered that such GTA Operator is not eligible to use the courier App.

2.2. As per the GST Act, registration requirement arises in case the aggregate turnover in a financial year exceeds the prescribed threshold limit (Threshold Limit –INR 20 Lakhs per annum (MUSD 0.026) / INR 10 Lakhs per annum (MUSD 0.013) in case of North-Eastern States for supplier of services).

In case the registration requirement applies to the GTA Operator, he should obtain such registration under GST and is required to inform the same immediately to Borzo India. Borzo India would deduct applicable taxes as specified under the law. The GTA Operator can claim credit of such taxes in their tax return.

2.3. Any individual, matching the prerequisites to becoming a GTA Operator stated above, who is self-employed can become a GTA Operator. To do this, he/she must register via the Applications.
2.4. The individual, before being able to execute Deliveries of Goods via the GTA Operator App, must complete the registration process on the Application and send to Borzo India any requested documentation, including but not limited to: evidence of identify, confirmation of availability of a work permit, a clean driving license and proof of insurance and valid MOT certificate for the vehicle (if relevant); adequate public liability insurance.
2.5. The GTA Operator must comply with any and all obligations, in respect of the Delivery of Goods.

3.1. Borzo India will issue the GTA Operator, a GTA Operator ID to enable the GTA Operator to access and use the courier App in accordance with this SC. Borzo India will have the right, at all times and at Borzo India’s sole discretion, to reclaim, prohibit, suspend, limit or otherwise restrict the GTA Operator from accessing or using the courier App and/or Borzo Platform.
3.2. Borzo Platform are made available to the GTA Operator through the Courier Apponly if the GTA Operator has provided Borzo India certain required information regarding themselves and created an account (“Account”) though the GTA Operator ID (“Account Information”). Borzo Platform may also be subject to procedures for use of the Courier App, uploaded guidelines, rules or other disclaimers and notices if any (“Additional Terms”).
3.3. GTA Operator will be responsible for maintaining the confidentiality of the Account Information and shall be fully responsible for all activities that occur under its Account. The GTA Operator agrees to (i) immediately notify Borzo India of any unauthorised use of its Account Information or any other breach of security, and (ii) ensure that the GTA Operator exits from its Account at the end of each session. Borzo India cannot and will not be liable for any loss or damage arising from the GTA Operator’s failure to comply with this Clause 3.3. The GTA Operator may be held liable for losses incurred by Borzo India or any other GTA Operator or visitor of the courier App due to authorised or unauthorised use of the GTA Operator’s Account as a result of the GTA Operator’s failure in keeping GTA Operator’s Account Information confidential.
3.4. GTA Operator shall ensure that the Account Information provided by it at the time of registration on the GTA Operator App is complete, accurate and up-to-date. Use of another GTA Operator’s Account Information for availing Borzo Platform on the GTA Operator App is expressly prohibited.
3.5. In case GTA Operator wishes to update or correct the information provided by them, it may do so through the GTA Operator contact center contacting with dispatcher.

4.1. Information provided to the Clients

4.1.1. Once the GTA Operator has accepted a Delivery Request placed by the Client, the GTA Operator enters into an agreement stated in Schedule III B with the Client, and Borzo India will provide the Client Information to the GTA Operator via Courier App, including the location where the pick-up of Good/items for Delivery has to be taken. The Client shall inform the GTA Operator of the destination, i.e., where the Goods need to be delivered and the same address of desired destination for Delivery must be put while making a Delivery Request via Borzo Platform. GTA Operator acknowledges and agrees that once the GTA Operator has accepted a Client’s Delivery Request, Borzo India may provide specific information to the Client regarding the GTA Operator in relation to Borzo Platform, including but not limited to the GTA Operator’s name, GTA Operator photo and contact information. Further, the Courier App shall share the location of the GTA Operator in real time with the Client.
4.1.2. Except for as provided under this SC, the GTA Operator retains the right to determine when and for how long each of them will utilize the Courier App and Borzo Platform to receive lead generation service. The GTA Operator also retains the option to accept or reject each Delivery Request of Goods received via the Courier App according to the Terms.

4.2. GTA Operator and Client review

4.2.1. Clients who have used Borzo Platform will be asked by Borzo India to comment on the Borzo Platform and to provide a score for Borzo Platform and the GTA Operator. Borzo India reserves the right to post these comments and scores on the Site/ Courier App (or such other platforms as owned, managed, and controlled by Borzo India) without reference to the Client or GTA Operator. Borzo India shall also request the GTA Operator to comment on and to provide a score for the Client on the Courier App. The GTA Operator will provide accurate and objective feedback that does not violate any applicable laws and regulations.
4.2.2. The GTA Operator acknowledges that Borzo India is a distributor (without any obligation to verify) and not a publisher of these comments and scores. Borzo India reserves the right to refuse, edit or remove unfavourable reviews in the event that such reviews include obscenities, or mention an individual’s name or violate any privacy laws or any other applicable laws and regulations. Beyond the legal and regulatory requirements, Borzo India shall not have and hereby disclaims any liability and responsibility for the content and the consequences of (the publication or distribution of) any comments, scores, or reviews howsoever or whatsoever.
4.2.3. The GTA Operator acknowledges that Borzo India desires to provide Clients with the opportunity to connect with the GTA Operator that maintain the highest standards of professionalism. The GTA Operator agrees that it will maintain high standards of professionalism and service, including but not limited to professional attire and maintaining an average rating set by Borzo India based on feedback from Clients for every eligible Delivery. Borzo India utilizes a rating system (“GTA Operator Rating Program”) designed to allow the Clients to provide feedback on the level of the Delivery Service provided by those GTA Operators who accept Delivery Requests received via the Courier App.
4.2.4. Rating is the accumulated value for all Delivery Requests completed by the GTA Operator. For any positive rating gained by the GTA Operator, the Courier App gives of experience points (“XP”) to the GTA Operator. For any sub-par or negative rating given to the GTA Operator by the Customer, the XP may be written off. The algorithm used by the Technology for calculation of XP for each GTA Operator will consider all feedback received from the Clients, and other measures, set by Borzo India at its sole discretion, in relation to the Delivery Request execution by the relevant GTA Operator. XP may be earned by the GTA Operator by carrying out timely Deliveries, appearing presentable and professional, communicating with the Client in a respectful and polite manner, checking onto the Courier App in time, by carrying out Delivery instructions as requested by the Client, etc. GTA Operator understands that there is a specific XP- rating GTA Operators must maintain to continue receiving access to the Borzo Service and/or the Courier. The GTA Operator will see a push notification/pop up/other type of communication, about its XPs accrual or deduction. The GTA Operator can access their rating data in the Statistics section of their Account and contact our support team in the Courier App in case of inquiries. In the event a GTA Operator’s overall rating or XP falls below the applicable minimum rating as set by Borzo India, Borzo India will notify the GTA Operator by email or other written means. In the event the rating or XP (based on Client feedback and the Delivery Request execution) has not increased above the minimum, Borzo India may deactivate the GTA Operator access to the Courier App and/or Borzo Platform. Borzo India reserves the right, at all times and at Borzo India’s sole discretion, to reclaim, prohibit, suspend, limit or otherwise restrict the GTA Operator from accessing or using the Courier App, if the GTA Operator fail to maintain the standards of appearance and service required by the Clients. The amount of XP gained shall determine the kind of Deliveries the GTA Operator shall be eligible to undertake. GTA Operators with poor XP may not be eligible for taking some high value orders (in terms of earning potential). Once the GTA Operator levels up on XP, the algorithm used by the Technology shall allow the GTA Operator all kinds of orders and Deliveries.

4.3. Disclosure of information

In case of a complaint, dispute or conflict between the GTA Operator on the one hand and the Client on the other hand or in other appropriate instances where a legitimate reason for such disclosure exists (for example, receipt by Borzo India of a summons or warrant requesting information), Borzo India may, but shall not be required to – to the extent permitted by applicable laws and regulations – provide the Client, GTA Operator and/or the relevant authorities the relevant data (including personal data) of the GTA Operator. Borzo India may also disclose certain information of the GTA Operator as set forth in this SC.

4.4. Location-based services

4.4.1. For the purpose of rendering the Delivery Service, the GTA Operator explicitly agrees and acknowledges, that the location information regarding the GTA Operator who is providing the Courier Service shall be monitored and traced through the Courier App via GPS tracking. The Device and the relevant details of the GTA Operator and the position of the GTA Operator who is near the point where the pick-up of Goods is required shall also be disclosed to the Client on the Application.

4.4.2. Information the GTA Operator provides may be transferred or accessed by persons across India. GTA Operator expressly consents to Borzo India’s use of locations-based services and the GTA Operator expressly waives and releases Borzo India from any and all liability, claims, causes of action or damages arising from GTA Operator’s use of the Borzo Platform or the Courier App, or in any way relating to the use of the location-based services.
4.4.3. The location of intended Goods for the Delivery Request shall also be provided to the GTA Operator via the courier App as provided by the Client to Borzo India at the time of placing the Delivery Request.

5.1. Fees

5.1.1. Fees shall be separately communicated to the GTA Operator by Borzo India as a part of Delivery Request placed by the Client.

5.1.2. As part of Borzo Platform, Borzo India will arrange for a third-party payment processor or mobile payment platform to process the Fee for a Delivery Request successfully completed to the GTA Operator designated credit card or mobile payment platform.

5.1.3. Borzo India shall pay to the GTA Operator a Fee/ per Delivery Request, which shall be set by Borzo India at Borzo India’s sole discretion based upon local market factors and may be subject to change. The Fee is calculated as a percentage of each Service Fees charged to the Client.

5.1.4. The Fees related to non-cash payments will be collected by Borzo India for and on behalf of the GTA Operator. Borzo India shall thereafter remit the fees to the GTA Operator after deducting its commission. In case of cash payments, the GTA Operator must pay Borzo India its commission in accordance with Borzo India’s policies. The Fee/commission may change from time to time. GTA Operator can always view the Fee/commission before accepting the Delivery Request.

5.1.5. The GTA Operator shall declare their income generated for Deliveries of Goods to the tax authorities.

5.1.6. The GTA Operator acknowledges and agrees that for every Delivery of Goods not completed in full and interrupted by the GTA Operator under the conditions of these Terms, their shall be paid in proportion to the distance they have undertaken if other clauses were not stated between GTA Operator and the Client in respect to the Delivery Requests.

5.2. Invoicing and payment terms

5.2.1. Payment of the Fee/commission to GTA Operator shall be made in accordance with the payment method as set forth in this SC.

5.2.2. Borzo India operates, and the GTA Operator accepts, a system for receipts being issued by Borzo India to the Client.

5.3. The GTA Operator represents that it will ensure that the GTA Operator will notify Borzo India of any corrections necessary to the receipt for a Delivery Requests within 1 (one) business day after each successful Delivery. Unless Borzo India receives timely notification of any correction needed, Borzo India shall not be liable to make payment of any additional charges or Fee that are remitted to the GTA Operator pursuant to the terms of Sub-Clause 5.2 above. Borzo India however, reserves its right to reserve any excessive amounts paid to the GTA Operator at any time after being notified in accordance with Clause 5.3.

5.4 Delivery Partner shall issue an invoice-cum-consignment note or bill of supply-cum-consignment note, as applicable, upon completion of the transportation Services. GST, where applicable, shall be payable by the consignor/customer under RCM for the transportation services. The consignor/consignee shall remain solely and absolutely liable for payment of such tax, regardless of whether the company has issued invoice or bill of supply. Any other taxes, duties, levies or statutory charges applicable under law, whether existing or arising in the future in relation to the Services, shall be solely borne and discharged by the consignor/consignee.

5.5 Duties and Taxes. Delivery Partner is a “goods transport agency” (GTA) under the Central Goods and Services Tax Act, 2017 (GST) and has opted for tax on reverse charge mechanism (RCM) services of transportation of goods rendered to the following customers/consignors:

• (a) any factory registered under or governed by the Factories Act, 1948 (63 of 1948);or
• (b) any society registered under the Societies Registration Act, 1860 (21 of 1860) or under any other law for the time being in force in any part of India; or
• (c) any co-operative society established by or under any law; or
• (d) any person registered under the Central Goods and Services Tax Act or the Integrated Goods and Services Tax Act or the State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act; or
• (e) any body corporate established, by or under any law; or
• (f) any partnership firm whether registered or not under any law including association of persons; or
• (g) any casual taxable person as defined under GST

Accordingly, in case the Consignor/Customer falls under any of the category of person stated above as per the information provided on the Application, the Consignor/Customer is liable to obtain registration and pay the GST at the rate of 5% or the rate applicable under the Central Goods and Services Tax Act, as amended time to time under RCM on the invoices raised by Borzo India.

Where the Consignor/Customer is registered under the GST regulations, the same should be intimated to Borzo India through the Application. Further, any change in status of GSTIN shall also be intimated to Borzo India prior to initiation of the service.

The Consignor/Customer who is not registered but falls under the category of person specified in clause above, must obtain registration and pay tax under RCM basis.

6.1. GTA Operator shall not use any “deep-link”, “page-scrape”, “robot”, “spider”, “crawler”, “ants”, “indexers”, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Courier App or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Courier App or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Courier App. Borzo India reserves its right to bar any such activity.

6.2. GTA Operator shall not probe, scan or test the vulnerability of the Courier App or any network connected to the Courier App nor breach the security or authentication measures on the Courier App or any network connected to the Courier App. GTA Operator may not reverse look-up, trace or seek to trace any information on any other GTA Operator of or visitor to the Courier App, or any other GTA Operator, including any account on the Courier App not owned by the GTA Operator, to its source, or exploit the Courier App or any service or information made available or offered by or through the Courier App, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than GTA Operator’s own information, as provided for by the Courier App.

6.3. GTA Operator agrees that it will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Courier App or Borzo Platform or Borzo India’s systems or networks, or any systems or networks connected to Borzo India.

6.4. GTA Operator agrees not to use any Device or other devices, software or routine to interfere or attempt to interfere with the proper working of the Courier App or any transaction being conducted on the Courier App, or with any other person’s use of the Courier App.

6.5. GTA Operator may not forge headers or otherwise manipulate identifiers in order to disguise the origin or transmittal of any message the GTA Operator sends to Borzo India or the Client on or through the Courier App or any Borzo Platform offered on or through the Courier App. GTA Operator may not pretend that it is, or that it represents someone else, or impersonate any other individual or entity.

6.6. GTA Operator may not use the Courier App or any Content for any purpose that is unlawful or prohibited by this SC, or to solicit the performance of any illegal activity or other activity which infringes the rights of Borzo India and/or others.

6.7. GTA Operator shall at all times ensure full compliance with the provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or other such regulations in force) and international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to sales tax/VAT, income tax, octroi, service tax, central excise, custom duty, local levies) regarding the GTA Operator’s use of Courier App, solicitation of offers to avail Borzo Platform, and avail of Borzo Platform. The GTA Operator shall not engage in any transaction in any service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

6.8. Solely to enable Borzo India to use their Content supplied to it by the GTA Operator and to ensure that Borzo India is not in violation of any rights the GTA Operator may have in their Content, the GTA Operator agrees to grant Borzo India a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights the GTA Operator has in the Content, in any media now known or not currently known. Borzo India will only use GTA Operator information in accordance with this SC and Privacy Policy applicable to use of the Courier App.

6.9. Borzo India shall own and have all rights (including intellectual property rights or an appropriate license) in and to the Courier App, Borzo Platform, the GTA Operator ID. Insofar the GTA Operator may, by operation of applicable law or otherwise, obtain any rights (including intellectual property rights) in relation thereto, these rights shall be and are hereby transferred (insofar permitted under the applicable law, in advance) to Borzo India. Where a transfer may not be permissible under the applicable mandatory law, the GTA Operator hereby undertakes to grant to Borzo India of a perpetual, exclusive, worldwide, irrevocable, royalty-free, sub-licensable and transferable right and license under any such non-transferable rights and licenses.

6.10. GTA Operator understands that Borzo India has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Courier App, its location etc.) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or summons. In addition, Borzo India can (and the GTA Operator hereby expressly authorizes Borzo India to) disclose any information about the GTA Operator to law enforcement or other government officials in accordance to law and including but not limited to the Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009, the Information Technology (Procedure for Safeguards for Blocking for Access of Information by Public) Rules, 2009, Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, or any other law as Borzo India, in its sole discretion, believes is necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

6.11. GTA Operator acknowledges that Borzo India is required to report cyber security incidents related information with appropriate authority, such as their identity, location etc. and relevant data in connection therewith, which report may include data of the GTA Operator and their activities on the Courier App.

6.12. Borzo India reserves the right, but has no obligation, to monitor the materials posted on the Courier App. Borzo India shall have the right to remove or edit any GTA Operator Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of this SC. Notwithstanding this right, GTA Operator remains solely responsible for their Content of the materials it posts on the Courier App. GTA Operators are advised that such GTA Operator Content posted does not necessarily reflect Borzo India’s views. In no event shall Borzo India assume or have any responsibility or liability for any GTA Operator Content posted or for any claims, damages or losses resulting from use of GTA Operator Content and/or appearance of GTA Operator Content on the Courier App. GTA Operator hereby represents and warrants that it has all necessary rights in and to all GTA Operator Content which it provides and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information. GTA Operator agrees and acknowledges that it shall assume all the risks associated with the GTA Operator Content, including but not limited to anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by the GTA Operator of information in GTA Operator Content that makes it personally identifiable.

6.13. Borzo India shall have all the right to take necessary action and claim damages that may occur due to GTA Operator’s involvement/participation in any way on its own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

6.14. In case a person using the world wide web/internet receives a spam or virus which includes a link to the Courier App or to any other site maintained, operated or owned by Borzo India, it should not be held responsible for the same. Borzo India assumes no responsibility for such mails.

7.1. The GTA Operator shall have the sole responsibility for any obligations or liabilities to Clients or third parties that arise from its provision of Delivery Services.

7.2. By using the Borzo Platform to receive and accept Delivery Requests and by providing the Delivery Services to the Client, the GTA Operator accepts, agrees, and acknowledges that a direct legal relationship is created and assumed solely between the GTA Operator and the said Client according to an agreement stated in Schedule III B hereof.

7.3. Borzo India shall not be responsible or liable for the actions, omissions, and behaviour of the Client in or in relation to the GTA Operator at the time of providing Delivery Services.

7.4. The GTA Operator, where such GTA Operator provides Delivery Services by driving a vehicle, shall possess at all times a valid and legal driving license and comply with all documentation requirements and processes set up by Borzo India (including but not limited to a driver’s license, RC Book, insurance and PUC, vehicle fitness and any other statutory document as applicable). All documents shall be correctly completed and handed over by the GTA Operator to Borzo India and updated copies, if any, shall also be furnished to Borzo India at the earliest after updating such documentation.

7.5. The GTA Operator shall be disciplined, follow good order, and remain fit for the purpose of rendering the Delivery Services.

7.6. The GTA Operator shall not be under the influence of alcohol or fall asleep while delivering the Goods to the Client or using their vehicle to complete such Delivery Request.

7.7. The GTA Operator shall be accountable to Borzo India for all Delivery Requests undertaken by the GTA Operator through the acceptance of requests on the GTA Operator App.

7.8. The GTA Operator shall ensure that no Goods other than the Goods received for Delivery from the Clients shall be delivered by the GTA Operator.

7.9. The GTA Operator shall not deliver and/or accept Delivery Requests for Goods which are not permitted as per Schedule II of these Terms.

7.10. The GTA Operator represents and undertakes that it shall comply with, adhere to and observe the terms and conditions set forth in this Agreement, and all applicable laws, regulations, rules, statutes or ordinances governing or otherwise relating to the Borzo Platform or the GTA Operator App. To the extent required, the GTA Operator hereby agrees and ensures that the rights, covenants, undertakings, representations and obligations of the GTA Operator as set out in this SC shall apply to, and be assumed, accepted and taken over by the GTA Operator.

7.11. In the event the GTA Operator is found to have indulged in theft of the Goods while providing the Delivery Services or is otherwise found indulging in any illegal activity or misconduct or inappropriate behaviour, Borzo India shall be entitled to take immediate corrective action including but not limited to lodging a police complaint or FIR and termination of such GTA Operator’s Account. In case Borzo India suffers any financial loss by way of a penalty or damages levied on Borzo India either by its Clients or any entity or any other authority, which in Borzo India’s opinion may be attributed to misconduct or inappropriate behaviour of the GTA Operator, the GTA Operator shall indemnify Borzo India for such loss on demand. Without prejudice to other rights and remedies available, Borzo India shall be entitled to deduct the total value of the Goods from the Fee payable to the GTA Operator. Such GTA Operator shall be blacklisted by Borzo India and shall not be permitted to act as a GTA Operator.

7.12. The GTA Operator undertakes that it will safeguard, protect and keep the GTA Operator ID at all times confidential and safely stored and shall not disclose it to any person other than those who need to have access to the GTA Operator ID in order to render and/or provide the Delivery Service.

7.13. The GTA Operator undertakes that it will safeguard, protect and keep the Client Information received from Borzo India and the details of any Delivery Request at all times confidential and shall not disclose it to any person or store the information in any manner, except as required by law.

7.14. The GTA Operator shall inform Borzo India if the GTA Operator no longer fulfils one or more conditions required to carry out Deliveries of Goods, for example in the case of suspension or withdrawal of one or more of the documents mentioned in these SC, within a period of twenty-four (24) hours after occurrence of the event.

7.15. The GTA Operator will immediately notify Borzo India of any actual or suspected security breach or improper use of the Device, the GTA Operator App, the GTA Operator ID, the Content or of the Client’s information.

7.16. The GTA Operator shall perform the Delivery Services in a sober and diligent manner based on applicable industry standards.

7.17. The GTA Operator shall not indulge in rude behaviour or misbehaviour with Clients at the time of completing a Delivery Request.

7.18. Borzo India may reach out to the GTA Operator to collect any outstanding dues or unreturned customer parcels. For the aforesaid recovery purpose, Borzo India may intimate the GTA Operator through physical mail, electronic mail, or through the GTA Operator App, text message, SMS or WhatsApp, and the GTA Operator shall make such payment or return such customer parcels within 3 working days from the date of intimation. Borzo India may also hire third-party service providers for recovery of debts and/or any outstanding dues or unreturned parcels from the GTA Operator.

7.19. On acceptance of the Terms by the GTA Operator, it shall be deemed that the GTA Operator has consented to provide personal information to Borzo India and that such personal information may be shared by Borzo India with third-party service providers for recovery purposes. The third-party providers hired by Borzo India shall be authorized to make telephonic calls or pay a visit to the GTA Operator’s known place of habitation as may be mentioned in personal details. On failure of payment of dues or return of parcels even after repeated attempts by Borzo India, Borzo India shall initiate legal proceedings, including but not limited to debt collection procedures.

7.20 The Delivery Partner (Transporter) takes “Lien” (right of possession/responsibility) over the goods during transit.

8.1. The GTA Operator represents and warrants to Borzo India and shall ensure that:

8.1.1. they hold, comply and shall continue to hold and comply with all permits, licenses and other governmental authorizations necessary for conducting, carrying out and continuing their activities, operations and business in general and the Delivery Services in particular;

8.1.2. shall comply with all local laws and regulations, including the laws related to the authorization for Delivery Requests, and will be solely responsible for any violations of such local laws and regulations;

8.1.3. the GTA Operator has a valid driver’s license and is authorized to operate the vehicle, in case the GTA Operator opts to use the vehicle for Delivery Requests accomplishment and has all the appropriate licenses, approvals and authority to provide Borzo India Services in the City where the Delivery Services are rendered or performed;

8.1.4. the GTA Operator possesses the skill to carry out the Delivery Services;

8.1.5. the GTA Operator does not have a criminal record and has not been convicted of any offence involving moral turpitude. No litigation or dispute or proceeding / investigation is pending or threatened against the GTA Operator which may affect its liability to provide Delivery Services in accordance with the terms of this SC and/or have an adverse impact on the Delivery Services or the quality and integrity thereof in any manner;

8.1.6. the GTA Operator shall maintain at all times the star rating quality described in Clause 4.2.3 above; and

8.1.7. the GTA Operator is the owner or lessee or is otherwise in lawful possession of a vehicle or vehicles, for performing the commercial carriage and Delivery Services as enumerated under this SC, which equipment complies with all applicable, state and local laws.

8.2. Borzo India may obtain publicly available data, such as, business addresses, phone numbers, other contact information etc. available from such third parties. However, Borzo India does not control, represent or endorse the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other Content appearing in or linked to from the Courier App and the Borzo Platform.

8.3. Borzo India does not screen or investigate third-party services before or after including/linking it to the Courier App and Borzo Platform. Borzo India reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the third-party services accessible on the Courier App. Further, Borzo India may in its sole discretion and without any obligation, verify any updates, modifications, or changes to any third-party services included/linked to the Borzo Platform, wherever deemed appropriate by Borzo India, but shall not be liable for any delay or inaccuracies related to such updates.

8.4. Borzo India Platform are available on the Website and as a computer program designed to run on smartphones and tablets i.e., a mobile application. The GTA Operator accepts and agrees that it shall not use Borzo Platform and/or the Courier App in such a way that it distracts the GTA Operator or any other person and prevents the GTA Operator or any other person from obeying traffic or safety laws / rules / regulations.

8.5. Borzo India reserves the right to charge subscription and/or membership fees from the GTA Operator, by giving reasonable prior notice, in respect of any service or any other aspect of the Courier App and/or the Borzo India Services anytime in future.

9.1. This SC shall commence on the date of its electronic acceptance by the GTA Operator, for an indefinite period of time, unless terminated by:

9.1.1. Borzo India:

9.1.1.1. at such moment when the GTA Operator no longer qualifies, under the applicable law or the quality standards of Borzo India to provide the Delivery Services diligently; and/or

9.1.1.2. material breach by the GTA Operator of any term of this SC (including but not limited to, breach of representations or receipt of multiple Client complaints); and/or

9.1.1.3. insolvency or bankruptcy of the GTA Operator.

9.1.2. the GTA Operator, by discontinuing the use of the Courier App and/or the Borzo Platform.

9.2. Upon termination of this SC, the GTA Operator shall return all data provided to GTA Operator by Borzo India without withholding a copy thereof. In case GTA Operator does not return such data, Borzo India will be bound to take legal action against GTA Operator.

Please send any questions or comments (including all inquiries related to copyright infringement) regarding the Courier App at [email protected].

11.1. The GTA Operator may choose the method of transport that will be used in carrying out the Deliveries of Goods and that they enter in the Account.

11.2. The method of transport shall in any event be the property (or due licensed) of the GTA Operator and shall not be provided by Borzo India.

11.3. The method of transport must comply with all applicable legal requirements e.g. be in good working order, have a valid MOT certificate, tax and insurance.

11.4. The method of transport must also be in good visual and operating condition.

11.5. Maintenance operations on the Method of Transport, including the supply of fuel or, where applicable, battery charging, are the responsibility of the GTA Operator, which is its exclusive owner, and neither Client, nor Borzo India is liable for any compensation or financial contribution in this respect.

11.6. The GTA Operator must take out all appropriate insurances, to meet at least the minimum legal requirement (i.e., third party insurance) using their own resources.

11.7. If the GTA Operator fails to meet the abovementioned requirements, he may not accept Delivery Requests from the Courier App until they have remedied the position.

11.8. If the GTA Operator wishes to propose a motorised vehicle as Method of Transport, the GTA Operator must provide a copy of his driving licence, including evidence of the number of points remaining on his driving licence, and any other documentation and/or evidence which Borzo India may reasonably require.

The GTA Operator undertakes, without intervention of Borzo India, to communicate to it, every six (6) months, the documents mentioned in clauses “Representations and warranties of the GTA Operator”, “Choices of Method of Transport”, “Registration eligibility”, and to respond without delay to any request for communication by Borzo India of the said documents and/or any information or document necessary to execute these SC.

If the GTA Operator fails to provide any of the documents requested within the required timeframes, Borzo India may automatically suspend access to the Delivery Services by the GTA Operator.

To be able to offer Delivery of Goods, the GTA Operator must respect the following procedure:

• Use the Applications from their Device and login with their Account using the login information;
• Accept Delivery Requests listed on the Application;
• Authorise the Application to use the geo-location function of their Device;

As per the GST Act, registration requirement arises in case the aggregate turnover in a financial year exceeds the prescribed threshold limit (Threshold Limit – INR 20 Lakhs per annum (MUSD 0.026) / INR 10 Lakhs per annum (MUSD 0.013) in case of North-Eastern States for supplier of services).

In case the registration requirement applies to the GTA Operator, he should obtain such registration under GST and is required to inform the same immediately to Borzo India. Borzo India would deduct applicable taxes as specified under the law. The GTA Operator can claim credit of such taxes in their tax return.

14.1. The conditions under which the GTA Operator may cancel a Delivery of Goods are detailed Part B of the body of these Terms.

14.2. Borzo India does not under any circumstances undertake to provide the GTA Operator with a minimum number of Deliveries of Goods to be executed. Borzo India assumes a best efforts obligation only to put the GTA Operator in contact with Clients wishing to undertake a Delivery of Goods, and does not guarantee a minimum number of Clients, particularly during the time slots and places of availability of the GTA Operator.

14.3. Once the GTA Operator has been assigned to the Delivery Request under its accept, they must go without delay to the Collection Address specified by the Client to collect the Goods (via the fastest route according to factors such as traffic).

14.4. When the Goods must be collected from/delivered to a shop and/or company premises, the GTA Operator shall make every effort not to disturb its operation.

14.5. The GTA Operator undertakes to carry out the Deliveries of Goods diligently, demonstrating the highest level of care.

14.6. The GTA Operator undertakes to act responsibly with the Goods, i.e. to ensure they are not damaged, destroyed, stolen or lost, and in the driving of his method of transport.

14.7. The GTA Operator must make contact with the Recipient of the Delivery of Goods to give them the Goods at the Delivery Address, in compliance with the information provided to them via the Application, then confirm completion of the Delivery of Goods via the Application, by asking the Recipient to sign in the box provided in the Application, if applicable.

14.8. Any refusal to accept the Goods, for a reason other than the destruction, damage, theft, average or loss of the Goods, will be considered as cancellation of the Delivery of Goods under the conditions of clause of Part C of the body of the Terms.

14.9. If the Goods are damaged, destroyed, stolen or lost, or if the Recipient refuses to sign with the GTA Operator to certify safe receipt of the Goods, and/or in the event of inability to execute the Delivery of Goods for any reason, then the GTA Operator must promptly notify Borzo India thereof via the Application, and, where applicable, return the Goods to the Sender promptly or allow another GTA Operator to collect the Goods and complete the Delivery of Goods.

14.10. The GTA Operator may make contact with the Client and the Recipient. In compliance with the Privacy Policy, Client and Recipient phone numbers are encrypted and the GTA Operator will not know them until the GTA Operator has been assigned to the Delivery request.

Following acceptance of a Delivery Request, the GTA Operator may be required to return the Goods to the Sender in several circumstances described in these Terms.

Consequently, the GTA Operator, prior to acceptance of the Delivery Request, accepts that he may have to undertake such a return. The cost of such a return will be calculated as if the returning point is the additional waypoint and Sender is the current Recipient.

The GTA Operator acknowledges that this return may lengthen their time for Delivery of Goods.

Reverse Logistics and Unclaimed Goods: Where Goods are returned to the Sender/Client under this clause, the GTA Operator shall attempt such return within a reasonable time, and in any event not later than 72 (seventy-two) hours from the failed Delivery attempt, unless a longer period is agreed with the Client. If the Sender/Client is unreachable or refuses to accept the returned Goods within 7 (seven) days of Borzo India’s attempt to notify the Client of the return, Borzo India may, after providing the Client a final notice through the App, treat the Goods as unclaimed and dispose of the Goods, without further liability to the Client. It is clarified that the disposal of such goods may include but shall not be limited to sale, destruction, passing for custodial storage, handing over to a government authority, and such other means that Borzo India may in its sole and exclusive discretion deem fit. The Client shall remain liable for the cost of the return leg and any applicable Surcharge irrespective of whether the Goods are ultimately claimed.

16.1. Borzo India, on an experimental basis, may implement a Points Reward Program (“Reward Program”) directed to GTA Operators, in order to make available exchanges of points (“Points”) accumulated for products or services of Borzo India and its partners offered on the Borzo App and can be also used by the GTA Operator to obtain a discount for paying commission due to Borzo India for the collection and intermediation services provided by Borzo India and other amounts due, if any. These points shall be credited in the E-Wallet (“E-Wallet”), which is a prepaid payment instrument available to the GTA Operator for the accumulation of points.

16.2. This E-Wallet will be a closed wallet i.e. the use of this E-Wallet is limited to Borzo India only. These Points cannot be for payment or settlement for third party services.

16.3. The points awarded to the GTA Operators are generated from the use of Borzo Platform in order to perform Deliveries in such cases as when the additional waiting time takes place, the Client (Sender) is not in the place or time indicated in the Delivery Request, late cancellation of the Delivery Request by the Client, according to stimulation programs communicated to the GTA Operator, execution by the GTA Operator of the certain actions specified in the App (as bringing a new GTA Operator, successful execution of the stated number of Delivery Requests, etc.) and other cases at the sole discretion of Borzo India. The amount of the discount is determined by Borzo India and is indicated in the Courier App. In any case the amount of the discount can’t exceed 100 % from the amounts due to Borzo India.

16.4. Borzo India, at its sole discretion, may also reward GTA Operators by converting into points payments owed to the GTA Operator. For every 1 PNT (One) Point accumulated by the GTA Operator, the GTA Operator can redeem it for INR 1 (One INR) in their E-wallet. Borzo India is not obliged to give the GTA Operators discounts when paying commissions due to Borzo India. The amount of the discount provided is individual and is determined solely by Borzo India at its sole discretion. The conditions for granting a discount or points are determined by Borzo India and can be changed at any time without notice to the GTA Operators.

16.5. The GTA Operator may, by accumulating points, obtain discounts on certain products or services of partners registered to the Borzo App, which will vary according to the product or service provided and the number of points accumulated. The GTA Operators can also use the points as a way to reduce their eventual negative balances in favor of Borzo India, expenses eventually faced.

16.6. The maximum number of Points that can be redeemed at a time and the validity of such Points may vary from time to time.

16.7. Borzo India in no way guarantees the continuity of the program, which is carried out, at this moment, on an experimental basis. Thus, the program may be improved or even cancelled by Borzo India.

16.8. The GTA Operators using the Borzo Platform may participate in testing of its operation, in particular in testing the Applications of different service fees to the Clients, experiments, logistic solutions, implementation of new modules in Borzo Platform , for which Borzo India shall pay additional remuneration to the GTA Operators, calculated automatically by the Borzo Platform.

16.9. The purpose of such an initiative of Borzo India is to maintain the high level of loyalty of the GTA Operators in carrying out the aforementioned experiments and introducing new products.

Borzo India may send promotional codes to the GTA Operator on a per promotion basis. Promotional code credit can be applied towards payment on completion of a Delivery Request or other features or benefits related to Borzo service or the GTA Operator’s service and/or a third-party’s service and are subject to any additional terms that are established on a per promotional code basis. Expiration dates of promo codes will be reflected in App once the GTA Operator has applied the promo code to the Account.

16.10. Borzo India reserves the right to cancel any promotional code at any time for any reason. This includes, but is not limited to, if Borzo India deems that codes are being used in an unlawful or fraudulent manner, those issued mistakenly, and those which have expired.

16.11. GST would be applicable on such amounts of Points, mentioned above.

Borzo reserves the right to impose disciplinary actions on GTA Operators in cases of rule violations, performance issues, or client complaints. The types of penalties and the conditions under which they may be applied include, but are not limited to, the following:

Types of Penalties

• Account Suspension or Permanent Ban – A GTA Operator’s access to the platform may be restricted or permanently banned. In some cases, a paid unban option may be offered at Borzo’s discretion.
• Monetary Deductions – Borzo may deduct amounts from a GTA Operator’s balance to cover damages, penalties, or other applicable fees.
• Access Restrictions – GTA Operators may be restricted from receiving certain types of orders based on performance metrics or rule violations.
  
  

Grounds for Penalties

The following circumstances may result in penalties being applied:

• Violations of Borzo’s operational rules and policies.
• Repeated late deliveries, indicating a pattern of service delays.
• Consistently low ratings from customers due to poor service quality.
• A high volume of withdrawals, which may indicate fraudulent activity or other concerns.
• A high rate of order cancellations, leading to service disruptions.
• Verified client complaints, including but not limited to misconduct, unprofessional behavior, or failure to deliver as promised.

Borzo retains full discretion in determining the application, duration, and severity of any penalties based on the severity and frequency of infractions. These policies are subject to change at any time.

You are entitled to send the following items via the Borzo Service but Borzo India will have no liability in respect of such Excluded Items or in the following circumstances:

• Items which may suffer loss, damage, deterioration or depreciation caused by variation in temperature (unless caused by an accident to the conveying vehicle)
• Items which suffer any mechanical, electronic or electrical derangement unless caused by external means.
• Loss or damage caused by: defective or inadequate packing, insulation or labelling; shortage in weight, evaporation or ordinary leakage; deliberate abandonment of the Goods or other property; vermin, wear, tear or gradual depreciation; inherent vice
• Legal Drugs
• Bullion
• Cash and cash like instruments including bank notes, specie and unnamed cheques
• Bonds, treasury notes and other securities
• Stamps
• Prepaid phone cards and similar
• Negotiable instruments
• Precious metals (unless part of a piece of jewelry)
• Precious stones (unless part of a piece of jewelry)
• Cigarettes and other
• Data stored in writing in any format, whether hard copy or electronically, with contents including but not limited to names, addresses, bank details, signatures and dates of birth is entirely at the Client’s risk.

You are prohibited from using Borzo Platform for delivery of the following Prohibited Items, in respect of which Borzo India accepts no liability whatsoever. We do not accept liability for any consequence whatsoever resulting directly or indirectly from or in connection with any of the following Prohibited Items, regardless of any other contributory cause or event:

Any and all items which are illegal to carry, own or transport or which, in the reasonable opinion of Borzo India, may potentially be hazardous or dangerous to the GTA Operator or the general public, including but not limited to:

• Explosives including fireworks
• Pornographic materials
• Living & dead creatures
• Blood samples
• Alcohol
• Illegal drugs, narcotic substances, or any other contraband by whatever name called which is illegal according to the laws of the Republic of India
• Weapons, Arms, Ammunition or associated parts, accessories, materials, ingredients or technology, including deactivated and replica weapons
• Blades of any kind longer than 1.5 inches
• Dangerous power tools such as chain saws
• Flammable materials
• Vape products including all components of vape devices, e-liquids, and related accessories
• Any item associated with tobacco and controlled substances
• Any item classified as controlled substances or restricted by any local law or regulation in force
• Any original government-approved documents, including passports, driver’s licenses, or any other official identification papers
• Dangerous chemicals
• Dangerous biological agents
• Computers, Personal computers (so called PC), laptops, tablets, notebook
• Any item packaged in a hazardous or dangerous box
• Any obscene material, goods and/ or thing which may be construed to be obscene and abusing the public order and/or morality according to the laws of the Republic of India

• Borzo India puts Clients in contact with the GTA Operator by giving them access to Borzo India’s Site and/or Applications.
• The GTA Operator confers on Borzo India, with respect for the applicable economic and tax rules, the task of preparing and issuing the GTA Operator’s invoices.
• The Fee due from the Client to the GTA Operator for the Delivery of Goods shall be paid directly to the GTA Operator when the Client uses the following mode for the payment – Cash on delivery made.
• Purpose of the billing mandate
• The GTA Operator expressly authorizes and instructs Borzo India, which hereby accepts, to prepare in their name and on their behalf original invoices (initial and/or corrective) relating to the Deliveries of Goods to the Clients, in compliance with all applicable legislation.
• Borzo India shall be responsible for sending the said invoices to the Clients.
• Duration of the agreement
• This billing mandate, which takes effect upon acceptance of the Terms, is entered into for an undefined duration.
• It may be terminated at any time by Borzo India and the GTA Operator, without particular reason, by registered letter with acknowledgement of receipt.
• The revocation shall take effect upon receipt of this registered letter or email.
• Obligations of Borzo India
• Borzo India shall prepare the receipts for Deliveries of Goods in compliance with the information given by the GTA Operator, in the name and on behalf of the GTA Operator.
• Obligations of the GTA Operator
• Borzo India shall not be liable for breaches of the GTA Operator’s tax obligations, and shall have no joint and several liability for payment of any GST, penalties or fines owed by the GTA Operator.
• The GTA Operator retains full liability, where applicable, for their status as beneficiary of the basic GST allowance.
• The GTA Operator shall be responsible for all of their tax and GST obligations.
• Dispute over receipts issued on behalf of the GTA Operator
• The Parties agree that the receipts issued within the framework of these Terms do not need to be formally authenticated by the GTA Operator.
• The GTA Operator shall have a period of fifteen days from its date of issue to contest the content of the receipt issued in their name and on their behalf by Borzo India. In the absence of dispute within this period, the GTA Operator shall be deemed to have accepted the receipt issued in their name and on their behalf.
• In the event of dispute, Borzo India shall issue a corrective receipt.
• The Fee due from the Client to the GTA Operator for the Delivery of Goods (less the commission owed to Borzo India and where applicable the cost of insurance) shall be paid directly to the GTA Operator’s Account.

1. Technology service agreement

WEFAST India Pvt Ltd (“Borzo India/Borzo”), a corporation organized and existing under the laws of India, with its head office located at: AB 38, Ground floor, Shalimar Bagh, North West Delhi, 110088, India, who provides lead generation from the Clients to independent providers of Courier Services using the Borzo Platform. The Borzo Platform enable an authorized GTA Operator provider to seek, receive and fulfill requests for GTA Operator Services from an authorized user of Borzo’s mobile applications and websites in India. You desire to enter into this Agreement for the purpose of accessing and using the Borzo Platform.

You acknowledge and agree that the Company is a platform and App provider that does not provide GTA Operator Services. The services provided by Borzo India are restricted to provision of mobile app/website (i.e., technology platform) for requesting Courier Services and payment.

In order to use the Borzo Platform, you must agree to the terms and conditions that are set forth below. Upon your execution of this Agreement, You and Borzo India shall be bound by the terms and conditions set forth herein.

“Client” and “Borzo India” shall be individually referred to as “Party” and collectively as “Parties”.

Any word or expression used in this Agreement, but not defined herein below or elsewhere in this Agreement shall bear the meaning described to it in the Terms.

2. Use of the Borzo Platform

a. Client’s IDs. Borzo India will issue you a Client ID to enable You to access and use the Borzo App on a Device in accordance with this Agreement.

b. With the exception of any signage required by local law or permit/license requirements, Borzo India retains the right to deactivate or otherwise restrict You from accessing or using the Borzo App/website or the Borzo Platform, subject to prior notice to You, in the event of a violation or alleged violation of this Agreement, Your disparagement of Borzo India or any of its affiliates, Your act or omission that causes harm to or financial loss to Borzo India or its affiliates’ brand, reputation or business as determined by Borzo India in its sole discretion and communicated to You in advance.

c. Your Relationship with GTA Operator. You acknowledge and agree that Your request via Borzo App/website conducts a direct business relationship between You and the GTA Operator. Borzo India is not responsible or liable for the actions or inactions of a GTA Operator in relation to You, if You provide incorrect address of pick-up of delivery good/parcel or Your miscommunication, at the same time, You may use the feature “Declare value of your parcel” according to the terms set hereof. The GTA Operator agrees to provide the Courier Services to the Client. In consideration, the Client shall make an advance payment to Borzo India, through online portals such as internet banking etc. Borzo India here, after deducting its commission from the advance payment received by Client, will subsequently pay to the respective GTA Operator, who provided GTA Operator Services to the Client, after satisfactory completion of delivery transaction by the GTA Operator.

d. You agree that You are solely responsible for taking such precautions as may be reasonable and proper, pertaining to safe packaging and handing over the parcel to the GTA Operator. You acknowledge and agree that GTA Operator will specifically consent or accept the request made by You of obtaining Courier Services.

e. Your Relationship with Borzo India. You acknowledge and agree that Borzo India’s provision to You of the Borzo Platform creates a direct business relationship between GTA Operator and You. Borzo India does not, and shall not be deemed to, direct or control You or the GTA Operator generally or under this Agreement specifically, including Your connection with the Courier Services, Your acts, or omissions. You retain the sole right to determine when, where, and for how long You will utilize the Borzo Platform. You retain the option, via the Borzo App/Site, to attempt to or to cancel the request made by You for GTA Operator Services via Borzo’s App/website, or to cancel an accepted request for GTA Operator Services via the Borzo App/Site.

3. Devices

a. Location Based Services. You acknowledge and agree that Your location information or the location information of the place You are indicating for the collection of parcel for delivery by the GTA Operator must be provided to Borzo India via Borzo App/website, and to the GTA Operator in order to provide the Courier Services. You acknowledge and agree that, solely for the purpose of providing Courier Services under this Agreement and for improving the Borzo Platform under this Agreement: (a) Your location information may be obtained by Borzo India and its affiliates while the Borzo App both when is running or it is in off mode; and (b) the approximate location of the place You wish for the collection of delivery good/parcel will be displayed to the GTA Operator before and during the provision of the Courier Services.

4. Financial terms

The Parties agree to be guided in this regard by the provisions set in chapter Payments in part D of the Terms.

5. Confidentiality

The Parties agree to be guided in this regard by the provisions set in chapter Confidentiality in part E of the Terms.

6. Privacy

The Parties agree to be guided in this regard by the provisions set out in Privacy policy published on Site https://borzodelivery.com/in/privacy-policy.

7. Indemnification

The Parties agree to be guided in this regard by the provisions set in chapters Indemnity, Limitation of liability in part A of the Terms, and in chapter Indemnity stated in part B of the Terms.

8. Term and termination

The Parties agree to be guided in this regard by the provisions set in chapter Duration – suspension – termination in part F of the Terms.

9. Miscellaneous Terms

a. Modification. In the event Borzo India modifies the terms and conditions of this Agreement at any time, such modifications shall be binding on You only upon Your acceptance in writing and signed by the authorized signatory of the modified Agreement except the Service Fee change condition, stated in chapter 4 hereof. The Company reserves the right to modify any information referenced at hyperlinks from this Agreement from time to time. You hereby acknowledge and agree that, by using the Borzo Platform, or downloading, installing, or using the Borzo India App/website, You are bound by any future amendments and additions to the information referenced at hyperlinks herein, or documents incorporated herein, including with respect to Service Fee. However, in case of any material changes that may impact or alter a material clause or provision of this Agreement, then Borzo India shall intimate such modification and changes to You in advance. Continued use of the Borzo Platform or Borzo App/website after any such intimation shall constitute Your consent to such changes. Unless changes are made to the arbitration provisions herein, You acknowledge and agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration.

b. Supplemental Terms. Supplemental terms may apply to Your use of the Borzo Platform, such as use policies or terms related to certain features and functionality, which may be modified from time to time (“Supplemental Terms”). You may be presented with certain Supplemental Terms from time to time. Supplemental Terms are in addition to, and shall be deemed a part of this Agreement. Supplemental Terms shall prevail over this Agreement in the event of a conflict.

c. Severability. If any provision of this Agreement is or becomes invalid or non-binding, the Parties shall remain bound by all other provisions hereof. In that event, the Parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement.

d. Assignment. Neither party shall assign or transfer this Agreement or any of its rights or obligations hereunder, in whole or in part, without the prior written consent of the other party, except the assignment or transfer of this Agreement or any or all of its rights or obligations under this Agreement from time to time without consent: (a) to an affiliate; or (b) to an acquirer of all or substantially all of either party’s business, equity or assets.

e. Entire Agreement. This Agreement, including all Supplemental Terms, constitutes the entire agreement and understanding of the Parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In this Agreement, the words “including” and “include” mean “including, but not limited to”.

f. No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement, nothing contained in this Agreement is intended to or shall be interpreted to create any third-party beneficiary claims.

g. Notices. Borzo India may give notice by means of a general notice on the Borzo Platform, Your email address in your account, or by written communication sent by mail or speed post to Your address in your account. Such notice shall be deemed to have been given upon the expiration of 7 working days, after mailing or posting. You may give notice to Borzo India, with such notice deemed given upon the expiration of 7 working days to Borzo India by mail, email or speed post to Wefast India Private Limited, a corporation organized and existing under the laws of the New Delhi of India, with its head office located at AB 38, Ground floor, Shalimar Bagh, North West Delhi, 110088, India.

h. Help/support system. You may in case of any query obtain call centre support in order to leave messages and instructions to GTA Operators or to receive messages/updates from GTA Operators through SMSes/Emails/Call-centre (phone).

By accepting the above Agreement You expressly acknowledge that You have read, understood, and taken steps to thoughtfully consider the consequences of this Agreement, that You agree to be bound by the terms and conditions of the Agreement, and that You are legally competent to enter into this Agreement with Borzo India.