Terms & Conditions
These Terms of Use (“Terms”) govern the access or use by you, an individual, or an entity, placing a Delivery Request for or accessing applications, websites, content, products, and services made available by WEFAST India Pvt Ltd (“Borzo India/Borzo”), CIN: U74999DL2016FTC303981, a corporation organized and existing under the laws of India, with its registered address at: AB 38, Ground floor, Shalimar Bagh, North West Delhi, 110088, India, and having its head office located at: Unit 401-403, 404A, 4th floor, Marol Pipeline Road, Ajit Nagar, J в Nagar, Andheri East, Mumbai, Maharashtra, 400059, who provides lead generation from the Clients to independent providers of Courier Services using Borzo Services.
If you are accessing or using Borzo Services on behalf of your company, you represent that you are authorized to accept these Terms on behalf of your company, and all references to “you” or “Client” refer to your company. Borzo Services enable an authorized Courier to seek, receive and fulfill Delivery Requests for Courier Services from an authorized Client of Borzo’s Applications and Site in India.
These Terms of the Site and Applications provided by Borzo India define the conditions under which Borzo India grants the Clients and Couriers a license to use the Site and Applications to enable the Clients to entrust the Couriers with Delivery Requests and pay them, all within a determined contractual framework under the conditions set out in these Terms.
The Couriers are independent of Borzo India. Borzo India offers a Site and Applications enabling a Client to make contact with a Courier to have a Delivery of Goods made under these Terms.
The service offered by Borzo India is that of putting the Client and the Courier in contact only. It is the sole responsibility of the Courier to make the Delivery Request. Borzo India is not party to the contract entered into between the Client and the Courier with regard to the Delivery Request.
Before making a Delivery Request, the Client should read these Terms in full to ensure that he/she understands the terms on which Borzo India and the Couriers provide the respective services.
This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Borzo India does not facilitate or arranges supply of goods via Borzo Services.
These Terms comprise the following:
- Part A – “General use of Borzo Service, restrictions, ownership and payment method provided by Borzo India to its Clients and Couriers through use of Site/Applications”.
- Part B – “Use of Borzo Services and Liability Terms between Courier and Client of Site and Applications”, which apply to the Courier Services provided by the Courier to a Client of the Site borzodelivery.com/in (the “Site”) and Applications.
- Part C – “Courier Terms” which apply to relations between the Client and the Courier only for Delivery Request.
- Part D – “Site Terms” which apply to the general use of the Site, regardless of whether any Borzo Services are received.
- Part E – “General Terms” which apply to the use of Borzo Services and these
- Part F – “Special Conditions” which apply to the
- Schedule I
- Schedule II
- Schedule III Applicable contracts, including:
- Schedule III A. Technology service agreement between the Client and Borzo India – applies to contractual relations between Borzo India and the Client;
- Schedule III Agreement for providing Courier Services – applies to contractual relations between the Client and the Courier.
- The use of the Site and Applications is subject to acceptance of these
- Only the acceptance of these Terms enables the Members to access Borzo Services offered by the Site and Applications. These Terms must be accepted in their entirety and without
- These Terms include clauses which relate to the Delivery of Goods, which are expressly accepted by the Client through issuing a Delivery Request.
- No special condition or other general conditions issued by the Client and/or the Courier shall prevail over these Terms.
- Borzo India reserves the right to amend these Terms at any time, notably owing to the evolution of the functionalities offered by the Site and the Applications or the rules of operation of Borzo Services. The amendment shall take effect immediately upon making the amended version of the Terms available through the Site, which every Member must have first read and accepted in order to use Borzo Services. If a Member objects to the amendment to the Terms, he/she must refrain from using the Site or Applications and Borzo Services.
- When the amendment occurs after payment by the Client of a sum of money corresponding to a Delivery Request, the amendment shall not apply to the transaction in progress.
If the amendment entails changes to the procedure for access to and/or use of the Site and/or Applications, Borzo India shall inform the Member of such change via mobile application push notifications or by email at the address notified by the Member.
In these Terms, capitalized terms shall have the meanings set out below:
“Account” shall mean the user account created by the Member at the time of registration for the purpose of availing Borzo Services.
“Applications”/ “App” or “Borzo App” means the computer applications accessible from a Device and enabling access to Borzo Services and shall include website www.borzodelivery.com/in, mobile applications Borzo India for Android and iOS.
“Assigned Courier” the Courier automatically chosen to provide the Courier Services to the Client.
“Borzo Services” means Borzo India on-demand lead generation and related services that enable the Client to seek and receive on-demand requests for Courier Services from the Courier; such Borzo Services include access to Borzo App/website and Borzo’s software, payment services, and related support services systems, as may be updated or modified from time to time.
“Client” means an end Client that is you, the adult individual, or the corporate entity represented by a duly authorized individual, authorized by Borzo India to use Borzo Services for the purpose of obtaining Courier Services.
“Client Content” shall mean any Content that the Client saves, submits, posts, displays, uploads, shares, transmits, through or their Borzo profile, including but not limited to, images, photos, documents, and contact details saved therein by the Client, profile information, and any other Content or information that Client stores or makes available on the Site and/or Application.
“Collection Address” means the collection address of the Goods stated on the Delivery Request.
“Content” shall include, without limitation, data, text, written posts, software, scripts, interactive features generated, graphics, images, photos, documents, audio, video, all other forms of information or data.
“Customer services” means the portion of the Applications that allows Clients to contact Borzo Services for addressing of any queries in respect of the Borzo Services.
“Courier” means the independent person registered in the Courier App, seeking for rendering the Courier Services.
“Courier App” means the mobile application provided by Borzo India that enables Courier to access Borzo Services for the purpose of seeking, receiving, and fulfilling on-demand requests for Courier Services by the Client, as may be updated, or modified from time to time.
“Courier Services” means provision of courier delivery services to You by Couriers via Borzo Services in the Territory.
“Delivery Address” means the delivery address or multiple delivery addresses for the Goods stated on the Delivery Request.
“Delivery Request” means a request posted by a Client for a Couriers’ acceptance to provide the Delivery Services set out in the Request Details.
“Delivery (ies) of Goods” or “Delivery Services” means the Courier Services provided by the Courier(s) to the Client via the Applications.
“Device” means the Client’s or the Courier’s Device, through which the Client or the Courier will access Borzo Services; means a mobile device, computer/laptop owned or any other device owned or controlled by the Member: (a) that meets the specifications for mobile devices as set forth at www.borzodelivery.com/in and (b) on which the App has been installed as authorized by Borzo India for the purpose of obtaining Courier Services or providing the Courier Services that can allow the Member to have access to website of Borzo India i.e., www.borzodelivery.com/in.
“Excluded Items” means the excluded items listed in Schedule I.
“Force Majeure Event” means any circumstance not within a Party’s reasonable control including, without limitation:
- acts of God, flood, drought, earthquake or other natural disaster;
- Epidemic or pandemic;
- Terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
- Nuclear, chemical or biological contamination or sonic boom;
- Any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary license or consent;
- Collapse of buildings, fire, explosion or accident;
- any labour or trade dispute, strikes, industrial action or lockouts (other than in each case by the Party seeking to rely on this clause, or companies in the same group as that Party);
- Non-performance by suppliers or subcontractors (other than by companies in the same group as the Party seeking to rely on this clause); and
- Interruption or failure of utility
“Goods” means the item(s) subject to the Delivery Request, with the exception of the Excluded and prohibited Items.
“Member” means either the Courier or the Client.
“Method of Transport” means the method(s) used by the Courier to carry the Goods for the purposes of making the Delivery of Goods, including (i) transport on foot, (ii) transport by bicycle, (iii) transport on moped/motorbike, or (iv) transport by land motor vehicle, hereinafter referred to as “Vehicle(s)”.
“Recipient” means the person (including the agent or representative of a corporate entity) whose identity and contact details are entered in the Site or Applications by the Client as Recipient of the Goods and located at the Delivery Address or, where applicable, within a nearby adjacent area.
“Request Details” means all details to be provided by the Client when requesting Delivery of Goods via the Site or Applications, including the following: Delivery Addresses, timeslots, nature of Goods, weight of parcels, Client and Recepient’s’ valid mobile phone numbers
“Party (ies)” means any of the parties, being the Courier, the Client or Borzo India.
“Prohibited Item” means the items listed in Schedule 1.
“SC” means the special conditions of these Terms that apply to the Couriers only.
“Sender” means the individual (including the agent or representative of a corporate entity) whose identity and contact details are entered in the Site or Applications by the Client as sender of the Goods and located at the Collection Address.
“Service Fee” means a quote, calculated automatically by Borzo India for the Borzo Services billed to the Client under the conditions set out in Schedule II.
“Site” means www.borzodelivery.com/in, providing access to Borzo Services.
“Technology” means the Site, Applications and any other method introduced by Borzo India that allows for the automated placing of Delivery Requests between a Client and a Courier.
“Terms” means these terms and conditions and their schedules.
“Territory” means India in which the Client can request for delivery of Goods.
Your access and use of Borzo Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Borzo India. If you do not agree to these Terms, you may not access or use Borzo Services. These Terms expressly supersede prior agreements or arrangements with you. Borzo India may immediately terminate these Terms or any Borzo Services with respect to you, or generally cease offering or deny access to Borzo Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Borzo Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Borzo Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Borzo Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Borzo Services.
Borzo India may provide to a claim’s processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute, or conflict, involving you and a third-party provider and such information or data is necessary to resolve the complaint, dispute, or conflict.
Borzo App and Site constitute a technology platform that enables Clients of Borzo India’s mobile applications or websites provided as part of Borzo Services to arrange and schedule Delivery of Goods with independent third-party providers of such services, including independent third-party courier service providers under agreement with Borzo India. Unless otherwise agreed by Borzo India in a separate written agreement with you, Borzo Services are made available solely for your personal use / use for business needs.
YOU ACKNOWLEDGE THAT BORZO INDIA DOES NOT PROVIDE COURIER SERVICES AND THAT ALL SUCH COURIER SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY BORZO INDIA OR ANY OF ITS AFFILIATES.
Subject to Member compliance with these Terms, Borzo India grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to:
(i) access and use the Applications on your Device solely in connection with your use of Borzo Services; and (ii) access and use any content, information and related materials that may be made available through Borzo Services, in each case solely for your personal use / use for business needs. Any rights not expressly granted herein are reserved by Borzo India and Borzo India’s licensors.
- Borzo India or its licensors is the holder or licensee of the intellectual property rights both of the general structure of the Technology and of its content (texts, slogans, graphics, images, videos, photos and other content), to the exclusion of those provided by registered Members.
- Any representation, reproduction, modification, distortion and/or total or partial exploitation of the Technology and/or Borzo Services, by any process and by any means, without the express prior permission of Borzo India, is prohibited and constitutes acts of infringement of copyright.
- The Technology may be used in compliance with its exclusive purpose, notably in compliance with the terms of these Terms and solely for the personal or business needs of the Member.
- Members are permitted to view, print and download extracts from the Site for Members’ own use on the basis that:
- No documents or related graphics on the Site are modified in any way;
- No graphics on the Site are used separately from the corresponding text; and
- Our copyright notices and this permission notice appear in all
- Members recognize and accept that the access to Technology provided by Borzo India does not entail any assignment or licensing of intellectual property rights (notably copyright) and other rights to Members, except for the limited license granted above.
- Save with the prior written permission of Borzo India, Members shall not under any circumstances: i) combine the Technology with any other work, particularly software; ii) provide the Technology by any means to a third party; or iii) lease or transfer all or part of the Technology to a third party, including other companies and entities of the group to which he belongs, and is prohibited from any use other than that granted by these Terms.
- Members shall not, directly or indirectly, including by any third party, by any means, without limitation, modifying, correcting, adapting, translating, arranging, disseminating, transferring, distributing, decompiling, making copies or backups outside of the conditions set out in these Terms, granting a loan, rental, assignment or any other type of provision, irrespective of the means, including via the internet, distributing or marketing free of charge or for a valuable consideration, etc., the Technology, and generally altering it in any way whatsoever, including the copyright statements, or attempting to do any of these things.
- Members shall only link to the Site on the basis that a Member links to, but does not replicate, the home page of the Site, and subject to the following conditions:
- the Member does not remove, distort or otherwise alter the size or appearance of any logos used by Borzo India on the Site;
- Member does not create a frame or any other browser or border environment around the Site;
- Member does not in any way imply that Borzo India is endorsing any products or services other than Borzo India’s own;
- Member does not misrepresent the relationship with Borzo India nor present any other false information about it;
- Member does not otherwise use any trademarks owned by Borzo India (whether these are registered or unregistered) which are displayed on the Site without Borzo India express written permission;
- Member does not link from a website that is not owned by the Member; and
- Member’s website does not contain content that Borzo India, in its sole discretion, considers to be distasteful, offensive or controversial, in infringement of any intellectual property rights or other rights of any other person or which doesn’t otherwise comply with all applicable laws and
Borzo Services may be made available or accessed in connection with third-party services and Content (including advertising) that Borzo India does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Borzo India does not endorse such third-party services and content and in no event shall Borzo India be responsible or liable for any products or services of such third-party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access Borzo Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third-party beneficiaries are not parties to these Terms and are not responsible for the provision or support of Borzo Services in any manner. Your access to Borzo Services using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service. Borzo India does not 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 the Site and / or Application. Third-party services do not reflect the views of Borzo India or that of Borzo India’s parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders.
In order to use most aspects of Borzo Services, you must register for and maintain an active personal Account. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Borzo India certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use Borzo Services or Borzo India’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account, username and password at all times. Unless otherwise permitted by Borzo India in writing, you may only possess one Account.
Borzo Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive Courier Services from Couriers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using Borzo Services and you may only use Borzo Services for lawful purposes (e.g., no delivery of unlawful, or hazardous materials, or items listed in Schedule I). You will not, in your use of Borzo Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Courier or any other party or any other third party. In certain instances, you may be asked to provide proof of identity to access or use Borzo Services, and you agree that you may be denied access to or use of Borzo Services if you refuse to provide proof of identity.
By creating an Account, you agree that Borzo India may send you informational text (SMS) messages as part of the normal business operation of your use of Borzo Services. You acknowledge that opting out of receiving text (SMS) messages may impact your use of Borzo Services.
Borzo India may, in Borzo India’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Borzo India through Borzo Services textual, audio, and/or visual content and information, including commentary and feedback related to Borzo Services, initiation of support requests, and submission of entries for competitions and promotions. Any Client Content provided by you remains your property. However, by providing Client Content to Borzo India, you grant Borzo India a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Client Content in all formats and distribution channels now known or hereafter devised (including in connection with Borzo Services and Borzo India’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all Client Content or you have all rights, licenses, consents and releases necessary to grant Borzo India the license to the Client Content as set forth above; and (ii) neither the Client Content nor your submission, uploading, publishing or otherwise making available of such Client Content nor Borzo India’s use of the Client Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You hereby grant to Borzo India a non – exclusive, conditional, royalty – free license to use your Content, and your trade and service marks, trade and service names, logos, domain names, and copyrights solely for and to the extent required for Borzo India to provide the Borzo Services to you. You hereby undertake that during the term of Borzo Services being provided to you, the Content shall not infringe upon any proprietary right, or misappropriate any trade secret, of any third party.
You are responsible for obtaining the data network access necessary to use Borzo Services. Your mobile network’s data and messaging rates and fees may apply if you access or use Borzo Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use Borzo Services and any updates thereto. Borzo India does not guarantee that Borzo Services, or any portion thereof, will function on any particular hardware or devices. In addition, Borzo Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Disclaimer; Limitation of Liability; Indemnity
BORZO SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BORZO INDIA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, BORZO INDIA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF BORZO SERVICES OR ANY SERVICES OR GOODS REQUESTED TO BE DELIVERED THROUGH THE USE OF BORZO SERVICES, OR THAT BORZO SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. BORZO INDIA DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF BORZO SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
You expressly agree and acknowledge that Borzo India shall not guarantee the availability or uptime of Borzo Services.
IT IS EXPRESSLY CLARIFIED THAT BORZO SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. YOU AGREE THAT BORZO INDIA SHALL NOT BE HELD RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES, LIABILITIES OR LOSSES RESULTING FROM SUCH PROBLEMS.
At any time if Borzo India believes that the Borzo Services are being utilized by you in contravention of the terms and provisions of these Terms, Borzo India shall have the right to forthwith remove/block/close your Account and furnish such details about you upon a request from the legal/statutory authorities or under a court order.
Nothing on the Borzo Services constitutes or is meant to constitute as advice provided or recommendation made by Borzo India.
Nothing contained in Borzo Services creates any contract or right of action against Borzo. It is offered solely as a service to Clients and Borzo India makes no warranties, express or implied, regarding the information contained in the Borzo Services including Borzo content shared with Clients.
Following charges levied by Borzo India’s payment gateway service provider, shall be to the account to the Client and shall be deducted from the credit available in the Client’s account:
- the sum of all fees denied, refused, or charged back to the Client;
- all inquiries, cancellations, disputes and refunds that may be processed on the account of the payment gateway services provider on the fees paid by the Client;
- any taxes, penalties, rolling reserves, charges or other items that may be processed on the account of the payment gateway services provider and is reimbursable by Borzo India to the payment gateway service provider;
- any amounts due which may be reimbursable by Borzo India to the payment gateway service provider;
- any charges, penalties or any amount imposed upon the payment gateway service provider with respect to any transaction on the Site or Application by Borzo India;
- any bank fees, transaction fees or service penalty fees incurred by the payment gateway service provider due to charge backs or excessive refunds; and
- payment gateway service provider’s transaction discount rates for any transaction on the Site or Application by the Client and refunds processed on account of the Client’s fees.
Borzo India will have no liability related to any Content arising under intellectual property rights, libel, privacy, publicity, obscenity, or other laws. Borzo India also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any Content.
BORZO INDIA SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR SERVICES, LOSS OF AGREEMENTS OR CONTRACTS, ANTICIPATED SAVINGS, DAMAGE TO GOODWILL, CORRUPTION OF SOFTWARE OR CORRUPTION, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE BORZO SERVICES, EVEN IF BORZO INDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BORZO INDIA SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON BORZO SERVICES OR YOUR INABILITY TO ACCESS OR USE BORZO SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, EVEN IF BORZO INDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BORZO INDIA SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND BORZO INDIA’S REASONABLE CONTROL. IN NO EVENT SHALL BORZO INDIA’S TOTAL LIABILITY TO YOU IN CONNECTION WITH BORZO SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED: (i) FIFTY THOUSAND INDIAN RUPEES (INR 50,000) IF YOU HAVE NOT DECLARED THE VALUE AS UNDER THE “DECLARE YOUR VALUE” FACILITY PROVIDED BY BORZO INDIA ON THE SITE / APPLICATION (SUBJECT ALWAYS TO THE REVIEW OF DOCUMENTATION SUBMITTED BY YOU IN RELATION TO THE CLAIM AND DETERMINATION BY BORZO INDIA OF ITS LIABILITY; OR (ii) THE VALUE OF THE PARCEL DISCLOSED BY YOU AS UNDER THE “DECLARE YOUR VALUE” FACILITY, WHICHEVER IS LESSER.
BORZO INDIA’S SERVICES MAY BE USED BY YOU TO REQUEST FOR COURIER DELIVERY OF ITEMS, GOODS OR LOGISTICS SERVICES WITH THIRD-PARTY PROVIDERS, BUT YOU AGREE THAT BORZO INDIA HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY COURIER OF ITEMS/ GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD-PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A MEMBER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
BORZO INDIA IS NEITHER AN INSURER NOR A COURIER SERVICE PROVIDER UNDERTAKING COVERAGE FOR THE PARCEL CHOSEN FOR DELIVERY BY THE CUSTOMER USING BORZO SERVICES. BORZO INDIA IS ONLY PROVIDING AN ADDITIONAL SERVICE TO REIMBURSE THE CLIENT OF THE MAXIMUM EXTENT OF ITS LIABILITY BASIS THE DECLARED VALUE OF THE PARCEL ACCORDING TO THE TERMS STATED HEREOF OR BASIS ON THE TOTAL LIABILITY STATED ABOVE, DEPENDING ON THE USE OF “DECLARE VALUE OF YOUR PARCEL” FEATURE.
Borzo India shall not be liable to any Member, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms for:
- losses arising as a result of any information provided by Members, including in relation to the dissemination of such information on Borzo Services;
- losses arising in connection with any use of the Technology and/or Borzo Services by a Member which is in breach of these Terms;
- losses arising in connection with: (i) the use or unavailability of Borzo Services; and (ii) access to Borzo Services by an unauthorised Client;
- losses arising in connection with any malfunction of any nature relating to the Member’s Device and his connection to the internet upon accessing Borzo Services;
- losses arising in connection with mechanical, electronic or electrical derangement of the Goods unless caused by external means; or caused by: latent or inherent defect; 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; or inherent vice.
Borzo India provides the Client with the possibility to “Declare value of your parcel” with corresponding obligation of the Client to pay a service added fee.
The “Declare value of your parcel” feature is a feature of the software that allows the Client to declare the value of the Goods to deliver (hereinafter referred to as the “Declared Value”) when placing a Delivery Request. In the event the Client is using this feature at the time of availing Borzo Services, Borzo India shall charge of the value-added service fee in the percentage stated by the software (or provided by a separate agreement with the Client) of the value of the Goods plus goods and services tax (which shall not exceed INR 50,000/-) as an optional fee for providing the compensation in case of loss of damage as may be attributable to the Courier at the time of delivery. Borzo India will refund 100% of the aforesaid Declared Value (or less, in cases where the damage was incurred for the less value) in the event the Courier loses or damages the Goods. Borzo India shall be entitled to request to confirm the Declared Value of the Goods indicated by the Client with primary documents. Taking into account the fact that when registering and authorizing an individual to act as a Courier, the Borzo Services in the course of its research activities shall analyze the completeness and reliability of the data provided by it in order to exclude its bad faith, and, if the Client indicates the Declared Value of the Goods, Borzo India undertakes to compensate the Client for the Declared Value of the lost or damaged parcel (in full or in part), recognizing in fact that the Borzo Services require improvement to the extent analyzing the data provided by the Couriers. The terms of “Declare value of your parcel” feature and the coverage offered therein are subject to amendments and updates as determined by Borzo India from time to time. The Client is advised to review the Borzo India website periodically to familiarize himself with the changes in this feature.
An obligation of Borzo India to indemnify the Client for any loss / damage of the Goods during the course of delivery of the Goods to the Recipient and the maximum
aggregate amounts payable as stated above operates as a limitation of liability on the contractual obligations created between the Client and Borzo India at the time of availing services from Borzo India.
Borzo India shall not be liable for the loss or damage of the Goods caused by the Courier, except for case when the Client uses the “Declare value of your parcel” feature described above hereof, when Borzo India undertakes to compensate the Declared Value of the lost or damaged Goods in full or in part. The Client shall notify Borzo India about the loss and/or damage of the Goods via its Account within a period not exceeding 72 hours from the moment the Goods was transferred to the Recipient or from the moment when the Delivery Request should have been executed by the Courier.
The Client shall attach to the notice of damage to the Goods the photographs of the Goods taken before it was transferred to the Courier and after the delivery of the Goods. The bill’s provision is obligatory to present to Borzo India by the Client. The Client agrees that in the absence of such photographs, bill, Borzo India’s obligations to compensate the Client for the Declared Value of the Goods (in full or in part) shall not arise. The amount of damage to the Goods and the amount of compensation to the Client within the Declared Value of the Goods shall be unilaterally determined by Borzo India. In case of disagreement with the amount of compensation, the Client shall be entitled to conduct an independent examination at his/her own expense in order to determine the extent of damage. Borzo India shall also not be liable if the Goods are transferred to and received by the Recipient in compliance with all requirements, while there is no external damage to its package, seals, the description of the Goods corresponds to the information specified in the Delivery Request, as well as if the fact of loss or damage to the Goods (part of the Goods) was established 72 hours after the Goods are transferred to the Recipient. In addition, Borzo India shall not be liable if the Goods or its part is detained or seized in the manner prescribed by the legislation of India, as well as in case when the loss or damage of the Goods is due to force majeure circumstances.
Upon examination of the notice of damage to the Goods Borzo India shall provide the Client with its response or compensation in term of 3 (Three) working days or notify the Client the updated term for the answer or compensation provision.
You agree to indemnify and hold Borzo India and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of Borzo Services or services or goods obtained through your use of Borzo Services; (ii) your breach or violation of any of these Terms; (iii) Borzo India’s use of your Client Content; or (iv) your violation of the rights of any third party, including third-party Providers.
1. For Perishable Goods
Perishable Goods may include, without limitation, items like Ice cream, dairy products, fresh meat, seafood, frozen items, fruits, vegetables etc. or any other items which may require temperature-controlled packaging or expedited delivery to prevent spoilage.
You shall not transport (and Courier Partners are entitled to refuse transport of) any goods and materials that are Perishable Goods. Borzo India shall not be responsible to provide a protective service for the transportation of Perishable Goods or commodities requiring protection from heat or cold. Such commodities will be accepted for transportation solely at your risk for any damages arising from the transportation.
2. Medical Supplies and Pharmaceuticals
Delivery of items such as Prescription medications, vaccines, blood samples, or medical devices etc. often require strict temperature control, secure packaging, and may have regulatory restrictions.
You agree and acknowledge that delivery of such items shall be accepted for transportation solely at your risk for any damages arising from the transportation.
3. Packaging Responsibility
Borzo India shall not help wrap items or pack boxes. It shall be your responsibility to ensure that such Perishable Goods are appropriately packaged to withstand the delivery time and conditions. This may include the use of insulated packaging or coolants, if necessary. You agree to make sure that everything is properly packed and ready for transport before the Delivery Partner arrives. The Delivery Partner also does not offer installation or removal of any appliances. Borzo India and the Delivery Partner shall not be liable for any loss or damages (including physical damages, lost revenues, personal injuries, financial damages or losses, or any other loss or damage) suffered by you or any third party as a result of improper packing.
4. Limitation of Liability
You are liable for any loss or damages (including physical damages, lost revenues, personal injuries, financial damages or losses, or any other loss or damage) suffered by any third party as a result of your breach of these Terms.
Borzo India and Delivery Partners shall bear no responsibility or any legal liability resulting from the transportation of aforementioned shipments;
5. Customer Acknowledgment
You agree and acknowledge that You have read and understood the specific risks associated with sending perishable items through Borzo Services and You accept these risks.
These Terms and any contract between us shall be governed by and interpreted in accordance with Indian Law and the courts at Mumbai, India shall have exclusive jurisdiction over any disputes between us.
The Parties shall endeavor to amicably, through discussions, settle and resolve any dispute or difference arising out of or in relation to this Agreement (“Dispute”) within 15 (fifteen) days from the commencement of such Dispute. In the event the disputing parties fail to resolve the Dispute within the period of 15 (fifteen) days, the Dispute shall be settled by arbitration in accordance
with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted by a sole arbitrator mutually appointed by the disputing parties. If the Parties have not been able to appoint the sole arbitrator within 3 (three) weeks from the service of notice of arbitration, then either Party may apply to Mumbai Centre for International Arbitration (“MCIA”) for appointment of a sole arbitrator, in accordance with the provisions of the Arbitration Rules of the MCIA (“Rules”) (which Rules are deemed to have been incorporated herein) for the time being in force. All proceedings of such arbitration shall be conducted in accordance with the Rules and the proceedings along with the arbitration award shall be in the English language. The seat of the arbitration shall be Mumbai. The award in the arbitration will be final and binding on the Parties. During the pendency of arbitration proceedings, each Party shall continue to perform its obligations under these Terms, to the extent possible. Subject to the seat stipulated hereinabove, the Parties may choose to have hearings over video conferencing.
The Parties agree that in the event of arbitration proceedings, all evidence admissible for the arbitration proceedings shall be of a documentary nature and no oral evidence shall be led by the Parties during the proceedings.
Claims of copyright infringement should be sent to the Grievance Officer stated in Part C in these Terms.
Borzo India may give notice by means of a general notice on the Borzo App, electronic mail to your email address in your Account. You may give notice to Borzo India by written communication to Borzo India’s address.
- Borzo India, acting as an e-commerce platform providing Borzo Services of connecting the Clients and Couriers, by giving them access to Borzo India’s Site and Applications in order to undertake a Delivery of Goods under these Terms.
- For the avoidance of doubt, Borzo India is not a Courier and is acting only as an intermediary between the Clients and the Courier. The Delivery of Goods is subject to the Terms and Conditions between the Client and the Courier, which is formed via the Site and Applications, under these Terms.
- The Delivery Request comprising a Collection Address, a Sender, a Recipient, and a Delivery Address, is issued by the Client, via the Site or Applications, and constitutes an offer for services of Delivery of Goods at the price communicated in the Service Fee.
- The Client irrevocably acknowledges and accepts that the above creates a sufficiently precise, firm, unequivocal and unreserved offer which is irrevocable, and is binding on the Client upon acceptance by a Courier of a Delivery Request.
- Borzo India takes no responsibility or liability over the contents of Goods requested under Delivery Requests placed by The Site and Applications allows for the automated placing of Delivery Requests between a Client and a Courier without any human intervention by Borzo App or Site and Borzo Services are limited to connecting you with Couriers for completion of your Delivery Requests. We do not ‘check’ the Client’s Delivery Request before the Courier is assigned unless the placement of the Delivery Request triggers system generated alerts towards the nature of Delivery Requests. It is therefore essential that the pickup and Delivery Address is correctly entered and declared to the correct Courier Services and Service Fee to be displayed. The Service Fee will be based on the information you provide when placing the Delivery Request. You shall be solely liable for any third-party claims as may be raised in connection with the Goods handed over to the Courier.
- Borzo India is not obliged to assign any Courier when you make a Delivery Request and Borzo India reserves the right to refuse and cancel any Delivery request.
- Borzo Services will only be provided upon your Delivery Request placing with further your acceptance and acceptance by the Courier of the Delivery Request.
- When the Delivery Request acceptance has been made, Borzo India, acting as an e-commerce platform providing Borzo Services of connecting the Clients and Couriers, will collect, via its banking service provider, the sums due for the Request Order undertaken by the Courier for the Client.
The Clients use the ecommerce platform trusting the following:
- Borzo India undertakes a background and other hygiene checks of the Couriers before on-boarding them;
- Couriers available on the App or Site have the requisite training to pick up and deliver the Goods;
- Application can track the movement of the Courier, in case required. Delivery Requests of proprietary nature such as original documents, photo identifications or such other documentations (in physical form or comprised in electronic form as such a compact disk, USB device or otherwise) are not encouraged for handing over to Couriers on account of the sensitive nature. In the event any such Delivery Request is booked by the Client, the same shall be at the Client’s risk as to the consequences of delivery of such items.
- Only Members who accept these Terms are in a position to form legally binding contracts under Indian law and may use Borzo Services provided by Borzo India.
- The Member acknowledges and agrees that Borzo Services are only accessible online via the Site and the Applications.
- Borzo India reserves the right to notify other Clients of any actions that it, in Borzo India’s sole discretion deem serious, and which have led to the cancellation of a Client’s Delivery Request.
- If the Client is so prevented from using Borzo Services, the Client may appeal for reinstatement. The appeal must include a written statement as to why the Client should be reinstated along with the Client’s contact information. The appeal may be reviewed at Borzo India’s discretion and any determination as to the Client’s reinstatement will be at Borzo India’s sole discretion. A Client’s submission of an appeal does not, in any manner, guarantee that you will be reinstated or that the appeal will necessarily be reviewed. Borzo India will contact the Client as to its decision to reinstate you. Borzo India is not obligated to give you any reasoning as to its decision. All decisions are final.
No exclusion
Nothing in these Terms limits or excludes Borzo India’s liability to a Member for:
- death or personal injury caused by its negligence;
- fraud or fraudulent misrepresentation; or
- any other liability which cannot be limited or excluded at
- In addition to the provisions mentioned above, the following provisions apply in relation to the Delivery of Goods:
- The Client acknowledges and agrees that the quality of the Courier Services requested via the Site falls wholly under the responsibility of the particular Courier who accepted and/or effected the Delivery of Goods in question, except for the cases where the Clients avail “Declare value of your parcel” feature mentioned above.
- Borzo India shall not be liable for the Delivery of Goods excluded and/ or prohibited pursuant to Schedule 1 of these Terms.
- Borzo India shall not be liable for any losses howsoever arising, in relation to any Deliveries of Goods by the Couriers or with regard to the acts, actions, behaviour, attitudes and/or negligence of the Courier, except for the cases where the Clients avail “Declare value of your parcel” feature mentioned above.
- On the request of a Member, Borzo India shall use its best endeavors to seek to resolve any dispute over a Delivery of Goods executed by a Courier under Part C of these Terms.
- In addition to the provisions of mentioned above, the following provisions apply in relation to acts of the Members and the contractual relations between the Client and the Courier:
- The Member is solely responsible for breaches and/or violations of the legislation applicable to them and to these Terms with regard to both Borzo India and the other Member with whom he is in contractual relations, and for damages that may arise owing to these violations and/or
- The Member shall be liable for, and shall compensate, Borzo India and/or any other Member and/or a third party in respect of any claims, complaints, remedies and petitions, of any nature, resulting from such a violation or breach, relating to: i) the use of the Technology by the Member; ii) the relationship between the Courier and the Client; iii) the operation of the Method of Transport with regards to the Courier; and iv) the Delivery of Goods with regards to the
- The Member shall compensate Borzo India and/or third parties for any direct and indirect damages resulting from such violations and/or breaches.
Indemnity
The Member shall indemnify, defend and/or settle and hold harmless Borzo India against any loss or damage (including legal costs) which Borzo India may sustain or incur, in relation to any third-party claim, to the extent such claim is based upon any breach by the Member of the provisions of these Terms. GST would be applicable on such an amount of the Indemnity.
Courier’s Liability
- The Courier may become liable for material damage and/or consequential loss, such as loss, theft, material damage, or destruction of the Goods during the Delivery of Goods, caused to the Clients, except where the foregoing are due to factors such as, without limitation, fault of the Sender or the Recipient, a Force Majeure Event, a defect inherent to the Goods or insufficient
- The Courier’s total liability for material damage and/or consequential loss, such as loss, theft, material damage, average or destruction of the Goods shall be lesser of: i) the original value of the Goods; ii) the amount of their repair or reconstitution, in both cases up to the limit of Rs 10,000. The Client and/or Recipient must provide receipts to support any claim.
- The Courier shall not be liable for any indirect loss resulting from the Delivery of Goods or the failure of the Delivery of Goods.
These Part C Courier Terms apply only to the Client and the Courier in relation to the Delivery of Goods. Borzo India, providing lead generation and acting as an e-commerce platform providing Borzo Services of connecting the Clients and Couriers, at the same time. Borzo India puts Clients in contact with the Courier, by giving them access to the Technology in order to undertake a Delivery of Goods. All Delivery of Goods made by the Courier shall be subject to these Courier Terms.
- The Client acknowledges and agrees that this is essential information for the Delivery of Goods on the basis of which the Courier is bound.
- The Client represents and warrants to the Courier that the Client shall:
- Request the Delivery of Goods to a named individual, on the understanding that the Delivery of Goods can only be confirmed by the Recipient’s signature or by other means, if applicable by Borzo India;
- Specify the details, obvious or otherwise, of the Goods when they may have repercussions on the progress of the delivery by the Courier, in particular if they may affect the Method of Transport;
- Not request Delivery of Goods to a Recipient who is inaccessible or which would require unreasonable efforts by the Courier, such as Recipients who may be incarcerated or whose address is inaccessible by land and/or not close to a marked road;
- The details entered into the Delivery Request are correct and that the Goods correctly labelled (delivery of the Goods will be made based on the details contained on the Goods).
- Only use the Courier Services and the Delivery request for legal purposes.
- Not use the Courier Service for Items listed in Schedule I.
- Subject to the foregoing, a Service Fee shall then be communicated to the Client for the Delivery of Goods.
- On acceptance by a Courier of a Delivery Request, the Client will be provided with the telephone number of the Courier.
Acceptance by the Courier of a Delivery Request via the Site irrevocably binds the Courier to undertake the said Delivery of Goods under the conditions of the Terms and based on the applicable agreement stated in Schedule III B. The agreement stated in Schedule III B is concluded between the Client and the Courier accepted the Delivery request placed by the relevant Client.
- Irrespective of the Method of Transport used, if the Courier accepts the Delivery Request, he undertakes to the Client to affect the Delivery of Goods under the conditions of the Terms and based on the applicable agreement stated in Schedule III B.
- Acceptance by a Courier of a Delivery Request shall be notified to the Client by a notification SMS message to the telephone number entered on the Site or Applications in the Delivery Request or through the Applications, and is deemed to constitute irrevocable conclusion of the contract binding the Client to the Courier that makes the Delivery of Goods, subject to the provisions of Part C of these Terms and the applicable agreement stated in Schedule III B.
- The Client shall ensure that the Goods are packaged with seal to protect the contents. The packaging must also be sufficient to protect the Goods’ weight and multiple parcels shall not be strapped or attached together. The packaging requirements may differ for specific type of Goods being booked for Delivery and the Client shall ensure that such specific requirements such as containers, lids, food separators, labels, coverings and so forth are placed onto each of such Goods. Any Goods that have not been packaged correctly will be treated as Excluded Items. Borzo India shall not be responsible for providing the packaging material for the Goods and shall not be liable for missing content due to failure of packaging by the Client.
- Client shall ensure the outer and inner packing of the Goods should fully protect them from any damage in transit including transshipment. In case of damage to Goods in transit by cause of packaging of the Goods by the Client, the Client shall be liable for the same and shall take reasonable steps to replace the damaged Goods at the cost of the Client at the earliest.
- The Client shall comply with all the applicable laws and rules in respect of packaging and labeling of the Goods and shall be liable for and cover any losses suffered by the Courier and (or) Borzo India as a result of violation by the Client of the requirements of these Terms with regard to packing and marking.
- The Couriers will assume that Goods have been correctly packaged and will exercise a level of skill and care appropriate to that. Any claim resulting from the Goods that is not packaged to a reasonable standard and in line with the above may be declined. For further details see Part B above.
- All Goods must be able to withstand a short drop, the Delivery Services should not be used for very fragile items.
- The Courier has the right to refuse a Delivery Request for a motivated reason such as no packaging, insufficient packaging or where the Goods do not comply with the information given by the Client in the Delivery Request – for example the Goods contain deficient or ambiguous labelling, contains an Excluded or Prohibited item or is larger/heavier than stated. In such circumstances the Cancellation Fee shall be payable by the Client.
- The Client shall, prior to handing over the Goods to Courier, be responsible for verifying the assigned Courier on the Courier App.
- On collection of the Goods the Courier on its own can change the state in Courier App proving that they collected the Goods, or a Verification Code (4 Digit SMS code) could be organized by Borzo India in order to receive a Courier’s approval regarding collection incurred, or Courier could take a picture at collection point. The modes listed herein are referred to as “Mode to confirm the receipt of the Goods”, which applies both to the collection by the Courier and to delivery at the Receiver. Each of these three options provided will be proof of collection as required for any issues that the Client may have with the Goods or processing of the Delivery Request. • It is the Client’s responsibility to ensure that all the details are correctly completed and displayed on the correct Goods as delivery will be made to the details listed on the Goods. It is not the Courier’s responsibility to check this information, so please ensure this is checked before he leaves.
- The Courier may need to contact the Client by telephone after acceptance of the Delivery Request.
- The Client or Sender must, at all times verify the credentials of the Courier arrived at pick-up the Goods. If the details do not match with the details sent by Borzo India, the Goods should not be handed over and should be reported to Borzo India immediately. If no verification done and parcel is handed over to an unknown person, Borzo India is not liable for any loss as may be suffered or incurred by the Client on account of any damage, theft, misappropriation, or pilferage of the Goods.
- The Courier may also need to contact the Sender and/or the Recipient, if not the Client, by telephone at the time of the Delivery of Goods.
- In this respect, the Client who has entered the telephone numbers of the Recipient and/or the Sender, so they can be contacted by the Courier within the framework of the Delivery of Goods, represents and warrants that he has obtained their agreement to do so.
- If the Courier is unable to contact the Client and/or the Sender and/or the Recipient, the Courier may automatically terminate the Delivery of Goods and Borzo India will charge in this case the Client the full Service Fee, in accordance with Part C of these Terms. In the event that the Delivery of Goods is terminated, the Courier will organize a Delivery of Goods to the Collection Address (reverse process) so that the Courier can return the Goods to the Sender or the Client. The cost of Delivery of Goods will be calculated as if the returning point is the additional waypoint and Sender is the current Recipient.
- The collection of the Goods will normally occur on the Client’s chosen date and a Delivery Request can be made between 1 hour and 14 days ahead of the required delivery date. Collections are possible 24/7/365, but are subject to Courier availability in applying the Delivery request to meet the Client’s requirements.
- The automated system on the Site and Applications requests collection times as set out in the Client’s Delivery Request. In the event that the Courier is unable to collect the Goods within the timeframe set out in the Delivery Request, the Courier will endeavour to notify the Client of the revised collection time as soon as possible.
- Where a failure to collect the Goods in accordance with the Delivery Request arises from the acts, actions, behaviour, attitudes and/or negligence of the Courier, the Courier and the Client must be contacted Borzo India with the proposed option for both Courier and the Client.
- In relation to any Delivery Request containing cake orders, claims will not be eligible for orders delivered beyond a 7 km radius from the Delivery Address. Clients are encouraged to ensure their Delivery Requests for cake orders are within this distance to maintain eligibility for potential claims. Claims shall exclusively pertain to cake orders weighing up to 1 kg, provided that all other conditions of the claims are met. Claims beyond this designated weight limit will not be processed.
- The Courier is deemed to be in possession of the Goods once the Courier has duly collected the Goods and a due Mode to confirm the receipt of the Goods is used.
- The Courier is under no obligation to make any Delivery of Goods within any timeframe communicated as an estimate, or within any other deadline. However, he undertakes to use best efforts to complete the Delivery of Goods within a reasonable timeframe, taking into account the Method of Transport, the Goods, the traffic and weather conditions, etc.
- The Delivery of the Goods by the Courier to the Recipient is provided by the use of one of the Mode to confirm the receipt of the Goods.
- Delivery of Goods is possible 24/7/365 but are subject to Courier availability in applying the Delivery Request to meet the Client’s requirements.
- If a Courier has been unable deliver the Goods, the Courier will make reasonable attempts to notify the Client by email, text and/or phone call to try to ensure the delivery can occur. After making such reasonable attempts, the Courier may cancel the Delivery of Goods in accordance with Part C of these Terms. A cancellation fee of up to 50% of the Service Fee will apply.
- The Client can request that the Delivery of Goods and collection may be made to or from a neighbouring address or an unmanned address by calling Borzo India’s call centre. The Courier shall not be liable for any claims that the Goods were not delivered where the Courier has confirmed in real time that the Goods was delivered. The Courier may take a photograph of the Delivery of Goods at an unmanned address as proof of delivery.
- Couriers can only deliver to a full street address. The Courier cannot deliver to a PO Box or BFPO address. If a full street address has not been provided and the Courier has been unable to make a Delivery of Goods, no refund will be given to the Client and an additional charge of up to 50% of the Service Fee will be payable as a cancellation fee by the Client.
- Mandatory Remittance: All couriers are required to remit the full amount of COD collected during the course of their deliveries on the same day.
- Failure to Remit: In the event that a courier fails to remit the collected COD by the end of the working day, the following actions will be taken:
a) The courier will be automatically suspended from accessing the platform at 11:30 PM the next day.
b) The suspension will remain in effect for a period of ten (10) consecutive days from the time of suspension. - Reinstatement Conditions: The only method by which a suspended courier can remit the outstanding COD and lift the suspension is by topping up their account balance in the app with the amount equivalent to the debt.
- Legal Action: If the courier fails to remit the outstanding COD funds within the stipulated period, Borzo reserves the right to initiate an investigation. Borzo will pursue all available legal avenues to locate the courier and recover the owed amount.
- Enforcement: These measures will be strictly enforced, and repeated violations may result in permanent suspension from the platform, subject to review by the company.
- The Client is not obliged to accept any of the Service Fees and may cancel their Delivery Request, without cost, provided that no Delivery Request acceptance has been made.
- Once the Client confirms a Delivery Request acceptance, the Client may cancel their Delivery Request, provided that the Courier has not collected, or attempted to collect, the Goods from the Sender. A cancellation fee of up to 50% of the
- Once the Goods have been collected by the Courier, the Service Fee or a Delivery Request could be changed only by contacting Borzo India.
- In the event that the Delivery of Goods is cancelled by the Client after collection of the Goods by the Courier, the Courier will organize a Delivery of Goods to the Collection Address (reverse process) so that the Courier can return the Goods to the Sender or the Client. The cost of delivery will be calculated as if the returning point is the additional waypoint and Sender is the current Recipient.
The Courier may only cancel a Delivery Request in the following cases:
- If the Goods differ from the description given in the Delivery Request;
- If the Goods present dimensions greater than those set out in the Delivery Request;
- If the Goods have no packaging or are insufficiently packaged;
- If the Goods are not labelled correctly;
- If the Goods contain a Prohibited or Excluded Item; or
- If the Courier cannot execute the Delivery of Goods without communicating with the Client and/or the Sender and/or the Recipient and is unable to connect with the Client and/or the Sender and/or the Recipient on the telephone numbers provided.
- The cancellation by the Courier of the Delivery of Goods for the aforementioned reasons must be considered as cancellation by the Client as defined in Part C of these Terms, and the cancellation fee shall be billed to the Client.
- Upon Delivery of Goods, the Client shall, unless otherwise agreed in advance, sign (or ensure that the Recipient signs) for the Goods, indicating to the Courier that the Goods are undamaged.
- In the event of loss or damage to the Goods, the Recipient must refuse to sign for the Delivery Request confirmation and explain the reasons to the Courier. The Client shall also notify Borzo India of any loss or damage to the Goods separately in writing within 72 (Seventy-two hours) from the time of placing the Delivery Request.
- In the absence of detailed reservations recorded by the Recipient at the time of the Delivery of Goods, it shall be the Client’s responsibility to prove that the damage took place during the Delivery of Goods by the Courier, and to establish that the damage was caused during the Delivery of Goods by the Courier.
- Once the Courier has left Delivery Address, all enquiries relating to loss or damage to the Goods should be directed through Borzo India as agent for the Courier.
- Any additional information requested to substantiate a claim for loss or damage of Goods must be made available within 21 days of request. If the information requested is not received within this timescale, Borzo India reserves the right to close the claim. The Client can send an email to submit a damage/loss claim to [email protected]
- To proceed with a claim, the Client will need to have proof that the Courier has taken the Goods from the Sender. In addition, in the event of a claim, a copy of the receipt for the Goods will be required to prove the value of the Goods, together with serial numbers and IMEI numbers for electrical items.• Claims arising from the Goods not adhering to the verification process given above shall not be considered for reimbursement.
- The damaged Goods together with all packaging should be kept until the claim is concluded as photographs or inspection of the Goods may be necessary.
- If a claim is made that the Goods have been damaged, all packaging should be kept for inspection by the Courier. The item must also be available for inspection in the state it was delivered, at the Delivery Address. Further journeys could cause further damage, making it difficult to assess the original damage. Borzo India may also ask for photographs of the internal and external packaging as well as the damaged item to process the claim.
- If the Client makes a claim relating to damaged Goods, the Courier may also ask for an estimate of repair costs for the Goods supplied by a specialist. If the Goods cannot be repaired, then the Courier would need this in writing from the specialist. Borzo will take no liability for damaged goods that is perishable within 2-3 hours.
- To ensure proper processing of claims, the following conditions related to the submission of invoices must be adhered to:
(i) Valid bill/Original invoice: Only valid bills or original invoices issued by the Sender or the authorized vendor shall be accepted as a proof of value for the claimed Goods.
(ii) Complete Information: The invoice submitted shall include complete details of the Goods, including descriptions, quantities, unit prices, and total amounts. Any invoice which does not include the Complete Information shall not be considered for a claim.
(iii) Legibility: Invoices shall be legible and without any alterations and modifications. Handwritten changes shall render the invoice ineligible for processing of a claim.
(iv) Matching Details: The information on the invoice shall match the description of the claimed Goods and shall also match their declared value at the time of shipment.
(v) Itemized Listing: The invoice shall provide a clear itemized listing of Goods being claimed, with their corresponding prices, if applicable
(vi) Claims that do not meet the above invoice requirements will not be processed. Clients shall be held responsible for ensuring that the provided invoices fulfill the above-mentioned conditions accurately. - A claim relating to lost Goods can only be processed once the Courier has concluded its searches for the Goods within a reasonable timescale.
- A claim relating to Goods, valued at Rs. 5000 (Five thousand only) or above, reported lost or stolen shall only be processed when a copy of First Information Report (F.I.R) regarding the lost and stolen Goods has been filed along with the claim.
- Any amounts payable in relation to lost or damaged Goods will only be paid by the Courier to the Client, except for the cases where the Clients avail “Declare value of your parcel” feature mentioned above. Please ensure the exact name or company name is entered at the time of booking as a Surcharge will be charged to re-issue a settlement cheque.
- Subject to Part B, the Courier will not be liable (whether in negligence or otherwise) to the Client in respect of any loss or damage of Goods unless legal proceedings are commenced against the Courier within 15 days from the date of Delivery of Goods or the date of a claim decision.
- No suspension nor reimbursement of the Service Fee owed by the Client shall be made in any circumstance other than those listed in Part B and C of these Terms, including without limitation, the refusal of the Goods by the Recipient, or their refusal to receive the Goods. If the Recipient refuses to accept the Goods for any reason other than those set out in Part C the Courier shall return the Goods through a Delivery of Goods and the Client will be billed for such return.
- The Client acknowledges and agrees that the Courier is not responsible for any non-conformity of the Goods or delay in Delivery of Goods in relation to the estimated timeframe indicated, and that these do not constitute a valid and admissible reason for refusing to accept the Goods.
- Certain surcharges may be payable by the Client to Borzo India in addition to the Service Fee. When a surcharge is payable, it may be charged directly to the payment method used to make the initial Delivery Request (and the Client hereby authorize the automated payment of such charges).
- Any surcharges represent the additional administrative costs, which will be suffered by the Courier in connection with the Courier Services and charges which Borzo India may incur. Borzo India act on behalf of the Courier as agent for the purpose of collecting any surcharges. This information is made available to you prior to placing the Delivery Request.
- For illustrative purposes, the following is a non-exhaustive list of when surcharges may be payable.
- If the Goods are not ready for collection at the proposed collection time set out in the Delivery Request, if requested by the Client, the Courier will wait for collection of the Goods. An additional charge of 50 INR per 15 minutes (in addition to the Service Fee remaining payable for the Delivery of Goods) shall be charged to the Client if the Courier waits for the Goods for more than 15 minutes after the proposed collection time set out in the Delivery Request.
- A surcharge of up to 100% of the Service Fee (in addition to the Service Fee remaining payable) may be applied when the Courier tries to deliver the Goods and is unable to deliver in accordance with the Delivery Request, after the Courier’s attempts to contact the Client and/or the Sender have failed or it has been confirmed that the collection cannot be made when scheduled. Where a failure to deliver the Goods arises from the acts, actions, behaviour, attitudes and/or negligence of the Courier, the Client is not liable for the surcharge.
- A surcharge of respective value (in addition to the Service Fee remaining payable) will be applied if the Receiver refuses to take Delivery of the Goods and the Goods need to be sent back to the collection point or if it is not, in the reasonable opinion of the Courier, possible to leave the Goods in a safe place at the point of Delivery. The respective value will be calculated as if the returning point is the additional waypoint and initial Sender is the current Recipient.
- By entering the weight of the Goods on the site the Client is pre-paying for the postage. Before providing the Courier Services, the Courier will be making a judgment as to whether they have room to take the Goods. Accordingly, it is important to be accurate. If the Goods are significantly heavier than the additional weight the Courier is entitled, acting reasonably, to refuse to take the Goods and a cancellation fee of up to 50% of the Service Fee will be payable.
GST would be applicable on such amounts of Surcharges, mentioned above.
- In accordance with the Information Technology Act, 2000 and rules made thereunder, Consumer Protection Act, 2019 and Consumer Protection (E – Commerce Rules), 2020 and rules made thereunder, the name, contact details and designation of the “Grievance Officer” are provided below:
Name: Mr. Jasraj Singh
Phone: 86570 56821
Email: [email protected],
Timings: within 48 hours of the issue’s receipt and redress the same within 1 month of the date of receipt of the grievance.
In the event of any questions or comments or complaints (including any inquiries or issues related to use of a trademark, trademark, or copyright infringement) raised by the Client, regarding the Site or Borzo Services, the same shall be acknowledged and redressed by the Grievance Officer within the timelines specified under applicable laws.
- Borzo Services are freely and exclusively accessible online on the Site and the
- Borzo India shall make every effort to put a Client in contact with an available Courier, in his geographical area, able to accept a Delivery Request in their geographical area. However, it cannot guarantee availability of a minimum of one Courier, and/or the times of consultation of the Delivery Services by the Client, and/or the Methods of Transport of the available Couriers. Neither does Borzo India make any guarantee that any available Couriers will accept any Delivery Request for Delivery of Goods.
- Borzo India reserves the right to suspend the Client’s ability and right to use Borzo Services and/or terminate a Member’s use of Borzo Services where:
- Borzo India find evidence of or suspect fraud on the part of the Member;
- Borzo India finds a pattern of losses or claims for Goods;
- Borzo India considers a Member’s behaviour as damaging the reputation of Borzo India brand;
- the Member is in breach of these Terms;
- the Client attempts to hire a Courier, whether on an ad hoc basis, permanent or temporary role, in such a way to avoid paying for Delivery Requests via Borzo Services without Borzo India express written permission; or
- for any other reason at absolute discretion Borzo India decide to suspend or terminate the Member’s use of Borzo Services.
- Borzo India reserves the right to modify or interrupt all or some of Borzo Services at any time, temporarily or permanently, without prior notification to the Clients and without entitlement to
- Borzo India shall make every effort to ensure that the information on the Technology is correct, but does not warrant the accuracy or completeness of the material on the We may make changes to the material on the Technology at any time and without notice. The material on the Technology may be out of date, and Borzo India make no commitment to update such material.
In accessing Borzo Services, the Member represents and warrants that they shall not:
- Host, display, upload, modify, transmit, update or share any Content / information that:
(i) belongs to another person and to which the Member does not have any right to;
(ii) is unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” provided as per applicable laws;
(iii) is misleading in any way or harasses or advocates harassment of another person;
(iv) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
(v) solicits gambling or engages in any gambling activity which Borzo India, in its sole discretion, believes is or could be construed as being illegal;
(vi) harms minors in any way; violates any law for the time being in force or impersonates another person;
(vii) engages in commercial activities and/ or sales without Borzo India’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes;
(viii) threatens the unity, integrity, defence, security or sovereignty of India, India’s friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. - Use Devices or software other than those provided by Borzo India intended to or that may:
- affect or try to affect the proper operation of Borzo Services;
- extract, modify or view all or part of the Technology on any support other than the Device, even in buffer or temporary memory, or for customized use;
- directly or indirectly market Borzo Services and/or the access to Borzo Services;
- Reuse all or part of Borzo Services, particularly for commercial and/or collective and/or personal purposes in a form and/or a media not authorised by Borzo India;
- Exploit Borzo Services provided by Borzo India or the data to which they may have access via the said Services for purposes that are directly or indirectly commercial and/or for personal purposes in a form and/or a media not permitted by Borzo India;
- Limit or try to limit access to or use of Technology and/or Borzo Services;
- Modify any mention or element of Borzo Services and/or the content of the Technology, including in buffer or temporary memory;
- Knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- Posting material that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, libelous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
- Post or transmit to or from the Technology any material which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability, is otherwise unlawful or infringes the rights of any third party, in any country in the world;
- In the event of breach of any of these obligations, and without this list being exhaustive, the Member acknowledges and agrees that Borzo India shall have the right to refuse their access to all or some of Borzo Services, unilaterally and without prior notification.
- The Member may not misuse the Technology (including, without limitation, by hacking).
- Borzo India will co-operate fully with any law enforcement authorities or court requesting or directing Borzo India to disclose the identity of, or locate, anyone posting any material in breach of this Part D.
- Unless otherwise specified, the Technology are directed solely at those who access it from India. Should the Member choose to access Borzo Services from locations outside India, then this Member will be responsible for compliance with local laws if and to the extent local laws are applicable.
- Borzo India may, at its sole discretion, restrict a Member’s access to the Technology, and/or refuse to correspond with a Member without prior notice where:
- There is a regulatory or statutory change limiting Borzo India’s ability to provide access to the Technology;
- There is any event beyond Borzo India’s reasonable control preventing Borzo India from providing access to Borzo Services (for example, and without limitation, technical difficulties, capacity problems and communications failures); or
- Borzo India consider that a Member is abusing Borzo Services or is otherwise acting in breach of the Terms.
You understand that use of Borzo Services may result in charges to you in the form of Service Fees towards provision of Borzo Services to you, Courier Services or goods you receive from Couriers (“Charges”). After you have received Courier Services or goods obtained through your use of the Borzo Service, Borzo India will facilitate your payment of the applicable Charges on behalf of the Courier as such Courier’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Courier. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Borzo India.
All Charges are due immediately and payment will be facilitated by Borzo India using the preferred payment method designated in your Account, after which Borzo India will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Borzo India may, for and on behalf of Courier, use a secondary payment method in your Account, if available.
As between you and Borzo India, Borzo India reserves the right to establish, remove and/or revise Сharges for any or all services or goods obtained through the use of Borzo Services at any time in Borzo India’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially due to various factors (viz remoteness of area, access to address, easiness of delivery). Borzo India will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Borzo India may from time to time provide certain Clients with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of Borzo Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of Borzo Services or the Charges applied to you.
This payment structure is intended to fully compensate the Courier for the Courier Services. Borzo India does not designate any portion of your payment as a tip or gratuity to the Courier. Any representation by Borzo India (on Borzo India’s website, in the Application, or in Borzo India ’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that Borzo India provides any additional amounts, beyond those described above, to the Courier. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Courier.
Part E – General Terms FOR COURIER SERVICES
- The Service Fee shall be paid in Indian Rupees and will be collected by the banking service provider.
- Payment is taken from the Client upon completion of the Delivery Request.
- The Parties agree that all Deliveries Requests executed by the Courier shall be collected and billed to the Clients by Borzo India in the name and on behalf of the Courier.
- Borzo India reserves the right to take legal action against any Client having breached his payment obligation for any reason.
- Borzo India shall process any personal data of Members in accordance with the requirements of the Information Technology Act 2000, and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 (as amended, modified or restated from time to time).
- The Privacy Policy published herein https://borzodelivery.com/in/privacy-policy forms part of these Terms and contains obligations with which Borzo India must comply to protect the personal data of Members and third parties (such as the Recipients).
- Borzo India aims to provide outstanding customer service. If a Member has any complaint about the service received, then please contact Borzo India by phone or by email on the above contact details. Should the Member still be unhappy with how the enquiry has been resolved, then a formal response can be made in writing to Customer Services at the postal address listed in above. Please allow 7 working days for a response to any written (postal) correspondence.
Address line 1: AB 38, Ground floor, Shalimar Bagh, North West Delhi, 110088, India;
Address line 2: Unit 401-403, 404A, 4th floor, Marol Pipeline Road, Ajit Nagar, J в Nagar, Andheri East, Mumbai, Maharashtra, 400059.
Email: [email protected]
- Each Party shall keep strictly confidential and not disclose to any third party, directly or indirectly, all or some of the confidential information that may have been communicated by or on behalf of another Party hereinafter referred to as the “Confidential Information”.
The Confidential Information is as follows:
- Address, surname, and forename of the Client,
- Address, surname, and forename of the Recipient of a Delivery of Goods, if different to the Client,
- Address, surname, and forename of the Sender of a Delivery of Goods, if different to the Client,
- Telephone number of the Members or third parties and communicated by a Member upon use of Borzo Services,
- Any information that may relate to the Goods delivered.
- Each Party shall take all necessary steps to comply with these Terms, and in particular it shall impose this confidentiality undertaking on its employees, collaborators, agents and service providers.
- This confidentiality undertaking is however not applicable to Confidential Information that has fallen into the public domain at the time of its receipt, or to Confidential Information that is already in the possession of one of the Parties before its receipt, or when one of the Parties authorizes the other Party in writing to distribute the Confidential Information.
- Borzo India may however, where applicable, communicate the Confidential Information as necessary to the Couriers within the framework of the execution of the Delivery Requests.
- If a disclosure of the Confidential Information is required by applicable law or by a competent court or regulatory authority, the Party so requested must, as far as possible, inform the other Party in writing promptly before undertaking this disclosure, and provide its assistance to the other Party, if it so requests, in order to obtain all protective measures. Disclosure of the Confidential Information in these circumstances shall not be a breach of this provision and applicable law.
- This confidentiality undertaking applies throughout the duration of the Terms and shall continue to apply for duration of one year after cessation of these Terms for any reason.
- Without affecting any other right or remedy available to it, any Party may terminate these Terms:
- At any time with immediate effect using the procedure accessible via the Site and/or Applications;
- If the other Party commits a breach of its obligations under these Terms and fails to remedy such breach within a reasonable time following written notice from the other Party.
- Without affecting any other right or remedy available to it, Borzo India may at its option, suspend access to Borzo Services and/or terminate these Terms at any time with immediate effect upon notice to the Member as applicable:
- If the Client fails to pay for a Delivery of Goods;
- If a Member deliberately provides inaccurate or dubious information, fails to update information provided to Borzo India (such as registration information), or fails to respond to Borzo India’s requests (such as in relation to the accuracy of the information they have provided);
- If a Member uses Borzo Services in a way which contravenes these Terms.
- On termination or expiry of these Terms:
- Any rights, remedies, obligations or liabilities of the Parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Terms which existed at or before the date of termination or expiry, shall not be affected;
- Members shall delete and/or destroy any personal data they have about other Members which they obtained for the purposes of providing or receiving Borzo Services;
- The following provisions of these Terms shall continue in full force: Liability cap for Borzo, Liability cap for Couriers, Intellectual Property, Confidentiality, Applicable law.
In the event of suspension of access to Borzo Services and/or termination of these Terms in accordance with this provision, the Member shall have no right to any reimbursement or compensation for any loss suffered by it or any third party.
- Nothing in these Terms is intended to, or shall be deemed to, establish any partnership, joint venture, employment, or worker relationship between any of the Parties, constitute any Party the agent of another Party (except as may be stated in the Terms), or authorize any Party to make or enter into any commitments for or on behalf of any other Party.
- Each Party confirms it is acting on its own behalf and not for the benefit of any other
- The Parties acknowledge and agree that the Terms do not under any circumstances establish a hierarchy or any link of subordination between them and confirm that their contractual relationship does not pertain to a salaried activity. The Parties further agree that Delivery Services under the Terms are provided by the Courier to the Client and not by the Courier to Borzo India.
- The Courier shall manage or organize their activity in complete independence, in compliance with these Terms.
This independence is conveyed to the Courier by:
- The fact that the Courier is solely responsible for the Deliveries of Goods they carry out, that they carry out such Deliveries of Goods on their own behalf or on behalf of third parties, for their sole profit or for the profit of third parties, and at such frequency and on such scale as they alone decide;
- The freedom the Courier holds in the execution of the Delivery Requests conferred on them via the Site and/or Applications. The Courier is notably: (i) free to decide on their periods of availability or unavailability to execute Delivery Requests, which they indicate on the Site and/or Applications; and (ii) free to choose or to refuse a Delivery Request;
- The free choice of their
- Borzo India may at any time assign, mortgage, charge, declare a trust over or deal in any other manner with any or all of its rights under these Terms. The Member hereby declares to accept any change of control in the person of Borzo India and recognises any successor thereto as his co-contractor.
- These Terms are personal to the Client and the Client shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under these Terms without the prior written agreement with Borzo Any breach of the foregoing shall entitle Borzo India to terminate the Client’s Account, without prejudice to any damages that Borzo India may also be entitled to claim on this ground.
A party who is not a party to these Terms (such as a Receiver) cannot enforce the Terms, whether under the Indian Contracts Act 1872 (privity of contract) or otherwise.
A party who is not a party to these Terms (such as a Receiver) cannot enforce the Terms, whether under the Indian Contracts Act 1872 (privity of contract) or otherwise.
- These Terms, and including the schedules, constitute the entire agreement between the Parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to their subject matter.
- Client agrees that it shall have no remedies in respect of any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in these
PART F – SPECIAL CONDITIONS APPLICABLE TO THE COURIERS
The special conditions hereunder, which for the avoidance of doubt form part of the Terms, apply to the Couriers only.
These Courier’s terms of use of Borzo Services are governed by the following special conditions (“SC”) including the applicable policies are incorporated herein by way of reference. By mere use of Borzo Services, these SC, being part of Terms and including the policies constitute the Courier’s binding obligations towards Borzo India.
Certain terms may be defined in these SC and wherever such terms are used in these SC they shall have the meaning so assigned to them.
For the purpose of these SC, words importing the singular include the plural and vice versa, pronouns importing a gender include each of the masculine, feminine and neuter genders, and where a word or phrase is defined, other parts of speech and grammatical forms of that word or phrase shall have the corresponding meanings.
Borzo India reserves the right, at its sole discretion, to change, modify, add or remove portions of these SC, at any time without any prior written notice to the Courier. It is the Courier’s sole responsibility to review these SC periodically for updates or changes. The Courier’s continued use of the Borzo Services following the posting of changes shall be deemed to mean that the Courier accepts and agrees to the revisions. As long as the Courier complies with these SC, Borzo India grants the Courier a personal, non-exclusive, non-transferable, limited privilege to enter and use Borzo Services and to render the Courier Services in and/or from within the Territory to and for the benefit of the Clients.
1.1. Accessing, registering, browsing Courier App, transacting or otherwise using and availing Borzo Services, indicates the Courier’s agreement and acceptance to all the terms and conditions under this SC. By impliedly or expressly accepting this SC, the Courier 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 Courier on Borzo Services 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 Courier.
1.3. Notwithstanding anything stated herein, if the Courier 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.
2.1. Use of Borzo Services 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 are not eligible to use Borzo Services (including Courier App). Any person under the age of 18 shall not register as a Courier through Courier App and shall not transact on or use Borzo Services. Borzo India reserves the right to terminate any Courier’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 Courier 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 Courier, 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 Courier can claim credit of such taxes in their tax return.
2.3. Any individual, matching the prerequisites to becoming a Courier stated above, who is self-employed can become a Courier. To do this, he/she must register via the Applications.
2.4. The individual, before being able to execute Deliveries of Goods via the Courier 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 Courier must comply with any and all obligations, in respect of the Delivery of Goods.
3.1. Borzo India will issue the Courier, a Courier ID to enable the Courier 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 Courier from accessing or using the Courier App and/or Borzo Services.
3.2. Borzo Services are made available to the Courier through the Courier App only if the Courier has provided Borzo India certain required information regarding themselves and created an account (“Account”) though the Courier ID (“Account Information”). Borzo Services 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. Courier 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 Courier 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 Courier 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 Courier’s failure to comply with this Clause 3.3. The Courier may be held liable for losses incurred by Borzo India or any other Courier or visitor of the Courier App due to authorised or unauthorised use of the Courier’s Account as a result of the Courier’s failure in keeping Courier’s Account Information confidential.
3.4. Courier shall ensure that the Account Information provided by it at the time of registration on the Courier App is complete, accurate and up-to-date. Use of another Courier’s Account Information for availing Borzo Services on the Courier App is expressly prohibited.
3.5. In case Courier wishes to update or correct the information provided by them, it may do so through the Сourier contact center contacting with dispatcher.
4.1. Information provided to the Clients
4.1.1. Once the Courier has accepted a Delivery Request placed by the Client, the Courier enters into an agreement stated in Schedule III B with the Client, and Borzo India will provide the Client Information to the Courier via Courier App, including the location where the pick-up of Good/items for Delivery has to be taken. The Client shall inform the Courier 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 Services. Courier acknowledges and agrees that once the Courier has accepted a Client’s Delivery Request, Borzo India may provide specific information to the Client regarding the Courier in relation to Borzo Services, including but not limited to the Courier’s name, Courier photo and contact information. Further, the Courier App shall share the location of the Courier in real time with the Client.
4.1.2. Except for as provided under this SC, the Courier retains the right to determine when and for how long each of them will utilize the Courier App and Borzo Services to receive lead generation service. The Courier also retains the option to accept or reject each Delivery Request of Goods received via the Courier App according to the Terms.
4.2. Courier and Client review
4.2.1. Clients who have used Borzo Services will be asked by Borzo India to comment on the Borzo Services and to provide a score for Borzo Services and the Courier. 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 Courier. Borzo India shall also request the Courier to comment on and to provide a score for the Client on the Courier App. The Courier will provide accurate and objective feedback that does not violate any applicable laws and regulations.
4.2.2. The Courier 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 Courier acknowledges that Borzo India desires to provide Clients with the opportunity to connect with the Courier that maintain the highest standards of professionalism. The Courier 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 (“Courier Rating Program”) designed to allow the Clients to provide feedback on the level of the Delivery Service provided by those Couriers who accept Delivery Requests received via the Courier App.
4.2.4. Rating is the accumulated value for all Delivery Requests completed by the Courier. For any positive rating gained by the Courier, the Courier App gives of experience points (“XP”) to the Courier. For any sub-par or negative rating given to the Courier by the Customer, the XP may be written off. The algorithm used by the Technology for calculation of XP for each Courier 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 Courier. XP may be earned by the Courier 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. Courier understands that there is a specific XP- rating Couriers must maintain to continue receiving access to the Borzo Service and/or the Courier. The Courier will see a push notification/pop up/other type of communication, about its XPs accrual or deduction. The Courier 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 Courier’s overall rating or XP falls below the applicable minimum rating as set by Borzo India, Borzo India will notify the Courier 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 Courier access to the Courier App and/or Borzo Services. Borzo India reserves the right, at all times and at Borzo India’s sole discretion, to reclaim, prohibit, suspend, limit or otherwise restrict the Courier from accessing or using the Courier App, if the Courier 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 Courier shall be eligible to undertake. Couriers with poor XP may not be eligible for taking some high value orders (in terms of earning potential). Once the Courier levels up on XP, the algorithm used by the Technology shall allow the Courier all kinds of orders and Deliveries.
4.3. Disclosure of information
In case of a complaint, dispute or conflict between the Courier 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, Courier and/or the relevant authorities the relevant data (including personal data) of the Courier. Borzo India may also disclose certain information of the Courier as set forth in this SC.
4.4. Location-based services
4.4.1. For the purpose of rendering the Delivery Service, the Courier explicitly agrees and acknowledges, that the location information regarding the Courier 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 Courier and the position of the Courier 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 Courier provides may be transferred or accessed by persons across India. Courier expressly consents to Borzo India’s use of locations-based services and the Courier expressly waives and releases Borzo India from any and all liability, claims, causes of action or damages arising from Courier’s use of the Borzo Services 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 Courier 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 Courier by Borzo India as a part of Delivery Request placed by the Client.
5.1.2. As part of Borzo Services, 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 Courier designated credit card or mobile payment platform.
5.1.3. Borzo India shall pay to the Courier 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 will be collected by Borzo India for and on behalf of the Courier. Courier agrees and requests that Borzo India deduct the Courier’s Fee/commission payable in relation to the Fees earned by the Courier and remit the remainder of the amount to the Courier. The part of the Service Fee which does not constitute the Fee/commission shall be retained by Borzo India on account of Borzo Services being used by the Courier. The Fee/commission may change from time to time. Courier can always view the Fee/сommission before accepting the Delivery Request.
5.1.5. The Courier shall declare their income generated for Deliveries of Goods to the tax authorities.
5.1.6. The Courier acknowledges and agrees that for every Delivery of Goods not completed in full and interrupted by the Courier 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 Courier and the Client in respect to the Delivery Requests.
5.2. Invoicing and payment terms
5.2.1. Payment of the Fee/commission to Courier shall be made in accordance with the payment method as set forth in this SC.
5.2.2. Borzo India operates, and the Courier accepts, a system for receipts being issued by Borzo India to the Client.
5.3. The Courier represents that it will ensure that the Courier 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 Courier pursuant to the terms of Sub-Clause 5.2 above. Borzo India however, reserves its right to reserve any excessive amounts paid to the Courier at any time after being notified in accordance with Clause 5.3.
6.1. Courier 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. Courier 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. Courier may not reverse look-up, trace or seek to trace any information on any other Courier of or visitor to the Courier App, or any other Courier, including any account on the Courier App not owned by the Courier, 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 Courier’s own information, as provided for by the Courier App.
6.3. Courier 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 Services or Borzo India’s systems or networks, or any systems or networks connected to Borzo India.
6.4. Courier 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. Courier may not forge headers or otherwise manipulate identifiers in order to disguise the origin or transmittal of any message the Courier sends to Borzo India or the Client on or through the Courier App or any Borzo Services offered on or through the Courier App. Courier may not pretend that it is, or that it represents someone else, or impersonate any other individual or entity.
6.6. Courier 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. Courier 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 Courier’s use of Courier App, solicitation of offers to avail Borzo Services, and avail of Borzo Services. The Courier 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 Courier and to ensure that Borzo India is not in violation of any rights the Courier may have in their Content, the Courier 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 Courier has in the Content, in any media now known or not currently known. Borzo India will only use Courier 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 Services, the Courier ID. Insofar the Courier 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 Courier 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. Courier 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 Courier hereby expressly authorizes Borzo India to) disclose any information about the Courier 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. Courier 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 Courier 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 Courier 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, Courier remains solely responsible for their Content of the materials it posts on the Courier App. Couriers are advised that such Courier 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 Courier Content posted or for any claims, damages or losses resulting from use of Courier Content and/or appearance of Courier Content on the Courier App. Courier hereby represents and warrants that it has all necessary rights in and to all Courier 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. Courier agrees and acknowledges that it shall assume all the risks associated with the Courier Content, including but not limited to anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by the Courier of information in Courier 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 Courier’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 Courier 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 Services to receive and accept Delivery Requests and by providing the Delivery Services to the Client, the Courier accepts, agrees, and acknowledges that a direct legal relationship is created and assumed solely between the Courier 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 Courier at the time of providing Delivery Services.
7.4. The Courier where such Courier shall be providing the 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 Courier 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 Courier shall be disciplined and follow good order and shall be fit for the purpose of rendering the Delivery Services.
7.6. The Courier 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 Courier shall be accountable to Borzo India for all Delivery Requests undertaken by the Courier through the acceptance of requests on the Courier App.
7.8. The Courier shall ensure that no Goods other than the Goods received for Delivery from the Clients shall be delivered by the Courier.
7.9. The Courier shall not deliver and/or accept Delivery Request of Goods from Clients which are not permitted as per Schedule II of these Terms.
7.10. The Courier represents and undertakes to procure 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 Services or the Courier App. To the extent required, the Courier hereby agrees and ensures that the rights, covenants, undertakings, representations and obligations of the Courier as set out in this SC shall apply to, and be assumed, accepted and taken over by the Courier.
7.11. In the event of the Courier 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/inappropriate behaviour, Borzo India shall be entitled to take immediate corrective action including but not limited to lodging police complaint/FIR and termination of such Courier’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 Courier, the Courier 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 Courier. Such Courier shall be blacklisted by Borzo India and shall not permitted to act as Courier.
7.12. The Courier undertakes that it will, safeguard, protect and keep the Courier ID at all times, keep it confidential and safely stored and shall not disclose it to any person other than those who need to have access to the Courier ID in order to render and/or provide the Delivery Service.
7.13. The Courier 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 Courier shall inform the Borzo India if he no longer fulfils one or more conditions required to carry out Deliveries of Goods, e.g., in the case of suspension/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 Courier will immediately notify Borzo India of any actual or suspected security breach or improper use of the Device, the Courier App, the Courier ID, the Content or of the Client’s information.
7.16. The Courier perform the Delivery Services in a sober and industrious manner based on applicable industrial standards.
7.17. The Courier shall not indulge in rude behaviour/misbehaviour with Clients at the time of completing Delivery Request.
7.18. Borzo India may reach out to the Courier to collect any outstanding dues or unreturned customer parcels. For the aforesaid recovery purpose, Borzo India may intimate the Courier through physical mail, electronic mail, or through the Courier App, text message SMS/ WhatsApp, and the Courier 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 their debts and/or any outstanding dues or unreturned parcels from the Courier.
7.19. On acceptance of the Terms by the Courier, it shall be deemed that the Courier has consented to provide their personal information to Borzo India and that such personal information shall be shared by Borzo India to the 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 Couriers’ known place of habitation as may be mentioned in their 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.
8.1. The Courier 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 Courier has a valid driver’s license and is authorized to operate the vehicle, in case the Courier 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 Courier possesses the skill to carry out the Delivery Services;
8.1.5. the Courier 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 Courier 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 Courier shall maintain at all times the star rating quality described in Clause
4.2.3 above; and
8.1.7. the Courier 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 Services.
8.3. Borzo India does not screen or investigate third-party services before or after including/linking it to the Courier App and Borzo Services. 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 Services, wherever deemed appropriate by Borzo India, but shall not be liable for any delay or inaccuracies related to such updates.
8.4. Borzo India Services are available on the Website and as a computer program designed to run on smartphones and tablets i.e., a mobile application. The Courier accepts and agrees that it shall not use Borzo Services and/or the Courier App in such a way that it distracts the Courier or any other person and prevents the Courier 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 Courier, 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 Courier, for an indefinite period of time, unless terminated by:
9.1.1. Borzo India:
9.1.1.1. at such moment when the Courier 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 Courier 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 Courier.
9.1.2. the Courier, by discontinuing the use of the Courier App and/or the Borzo Services.
9.2. Upon termination of this SC, the Courier shall return all data provided to Courier by Borzo India without withholding a copy thereof. In case Courier does not return such data, Borzo India will be bound to take legal action against Courier.
Please send any questions or comments (including all inquiries related to copyright infringement) regarding the Courier App at [email protected].
11.1. The Courier 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 Courier 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 Courier, which is its exclusive owner, and nether Client, nor Borzo India is liable for any compensation or financial contribution in this respect.
11.6. The Courier 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 Courier 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 Courier wishes to propose a motorised vehicle as Method of Transport, the Courier 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 Courier undertakes, without intervention of Borzo India, to communicate to it, every six (6) months, the documents mentioned in clauses “Representations and warranties of the Courier”, “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 Courier fails to provide any of the documents requested within the required timeframes, Borzo India may automatically suspend access to the Delivery Services by the Courier.
To be able to offer Delivery of Goods, the Courier 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 Courier, 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 Courier can claim credit of such taxes in their tax return.
14.1. The conditions under which the Courier 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 Courier with a minimum number of Deliveries of Goods to be executed. Borzo India assumes a best efforts obligation only to put the Courier 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 Courier.
14.3. Once the Courier 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 Courier shall make every effort not to disturb its operation.
14.5. The Courier undertakes to carry out the Deliveries of Goods diligently, demonstrating the highest level of care.
14.6. The Courier 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 Courier 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 Courier 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 Courier must promptly notify Borzo India thereof via the Application, and, where applicable, return the Goods to the Sender promptly or allow another Courier to collect the Goods and complete the Delivery of Goods.
14.10. The Courier may make contact with the Client and the Recipient. In compliance with the Privacy Policy, Client and Recipient phone numbers are encrypted and the Courier will not know them until the Courier has been assigned to the Delivery request.
Following acceptance of a Delivery Request, the Courier may be required to return the Goods to the Sender in several circumstances described in these Terms, such as, without limitation, refusal to sign by the Recipient or damage to the Goods.
Consequently, the Courier, 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 Courier acknowledges that this return may lengthen their time for Delivery of Goods.
16.1. Borzo India, on an experimental basis, may implement a Points Reward Program (“Reward Program”) directed to Couriers, 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 Courier 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 Courier 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 Couriers are generated from the use of Borzo Services 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 Courier, execution by the Courier of the certain actions specified in the App (as bringing a new Courier, 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 Couriers by converting into points payments owed to the Courier. For every 1 PNT (One) Point accumulated by the Courier, the Courier can redeem it for INR 1 (One INR) in their E-wallet. Borzo India is not obliged to give the Couriers 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 Couriers.
16.5. The Courier 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 Couriers 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 Couriers using the Borzo Services 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 Services, for which Borzo India shall pay additional remuneration to the Couriers, calculated automatically by the Borzo Services.
16.9. The purpose of such an initiative of Borzo India is to maintain the high level of loyalty of the Couriers in carrying out the aforementioned experiments and introducing new products.
Borzo India may send promotional codes to the Courier 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 Courier’s service and/or a third-party’s service and are subject any additional terms that are established on a per promotional code basis. Expiration dates of promo codes will be reflected in App once the Courier 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.
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
- Living & dead creatures
- Blood samples
- 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)
- Alcohol, 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 Services 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 Courier or the general public, including but not limited to:
- Explosives including fireworks
- Pornographic materials
- Illegal drugs or any other contraband
- 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
Borzo India puts Clients in contact with the Courier by giving them access to Borzo India’s Site and/or Applications.
The Courier, , confers on Borzo India, , with respect for the applicable economic and tax rules, the task of preparing and issuing the Courier’s invoices.
The Fee due from the Client to the Courier for the Delivery of Goods shall be paid directly to the Courier when the Client uses the following mode for the payment – Cash on delivery made.
Purpose of the billing mandate
The Courier 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 Courier, 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 Courier, in the name and on behalf of the Courier.
Obligations of the Courier
Borzo India shall not be liable for breaches of the Courier’s tax obligations, and shall have no joint and several liability for payment of any GST, penalties or fines owed by the Courier.
The Courier retains full liability, where applicable, for their status as beneficiary of the basic GST allowance.
The Courier shall be responsible for all of their tax and GST obligations.
Dispute over receipts issued on behalf of the Courier
That Parties agree that the receipts issued within the framework of these Terms do not need to be formally authenticated by the Courier.
The Courier 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 Courier shall be deemed to have accepted the receipt issued in his name and on his behalf.
In the event of dispute, Borzo India shall issue a corrective receipt.
The Fee due from the Client to the Courier 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 Courier’s Account.
A. 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 Services. The Borzo Services enable an authorized Courier provider to seek, receive and fulfill requests for Courier 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 Services.
You acknowledge and agree that the Company is a platform and App provider that does not provide Courier 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 Services, 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 Services
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.
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 Services, 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 Courier. You acknowledge and agree that Your request via Borzo App/website conducts a direct business relationship between You and the Courier. Borzo India is not responsible or liable for the actions or inactions of a Courier 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 Courier 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 Courier, who provided Courier Services to the Client, after satisfactory completion of delivery transaction by the Courier.
e. 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 Courier. You acknowledge and agree that Courier will specifically consent or accept the request made by You of obtaining Courier Services.
f. Your Relationship with Borzo India. You acknowledge and agree that Borzo India’s provision to You of the Borzo Services creates a direct business relationship between Courier and You. Borzo India does not, and shall not be deemed to, direct or control You or the Courier 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 Services. You retain the option, via the Borzo App/Site, to attempt to or to cancel the request made by You for Courier Services via Borzo’s App/ website, or to cancel an accepted request for Courier 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 Courier must be provided to Borzo India via Borzo App/website, and to the Courier 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 Services 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 Courier 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 Services, 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 Services 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 Services, 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 Services, 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 couriers or to receive messages/updates from couriers 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.
B. AGREEMENT FOR PROVIDING COURIER SERVICES (hereinafter “Agreement”)
i. Client desires to obtain Courier Services from the Courier.
ii. The Courier is in the business of providing Courier Services to various persons and other organizations through the use of the Courier App. The Courier represented its willingness to Client that they have the requisite expertise, resources for providing the Courier Services and is desirous of providing the same to the Client.
iii. The Client has agreed to avail of the Courier Services offered by the Courier interalia for forwarding or dispatching the Goods, the Client intends to deliver through Courier Services and receiving of the same by the other party, as desired by the Client.
The Courier Services provided by Couriers are available only to entities and persons over the age of majority and who can form a legally binding agreement(s) under applicable law. If you do not qualify, you are not permitted to use Courier Services.
The Courier and (or) Borzo India may revise and update this Agreement at any time. Your continued usage of the Courier Services after any changes to this Agreement will mean you accept those changes. Any aspect of the Courier Services may be changed, supplemented, deleted or updated without notice at the sole discretion of Borzo India or the Couriers. Couriers may also change or impose fees for products and services provided at any time at its sole discretion.
NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
Scope of the Agreement
This Agreement governs your use of the Courier Services available via the Site/ Application, except to the extent such Courier Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain services and other items provided to you via the Site/ Application (“Service Agreement(s)”). Any such Service Agreements accompany or are listed in association with or through a hyperlink associated with the applicable Courier Services.
4.1. The Courier hereby agrees to provide to the Client and the Client hereby agrees to avail of Courier Services from the Courier.
4.2. In rendering the Courier Services to the Client, the Courier warrants that:
4.2.1. They shall observe the best service quality standards and ensure that the Courier renders their obligations to the satisfaction of the Client.
4.2.2. They shall meet the various deadlines and standards of the Courier Services provided by them to the satisfaction of the Client.
4.2.3. They shall discuss and review its progress, on a regular basis as and when required by the Client.
4.2.4. They shall extend Courier Services during the validity period of this Agreement.
4.2.5. They shall on completion of a successful Delivery Request, must obtain the signature of the person to whom delivery was made if required by the Courier App.
4.3. In case the Courier Services under this Agreement is continued for a further period without execution of another agreement, then a such period of extension will be governed by the same terms and conditions of this Agreement until a new agreement is additionally executed by the parties.
5.1. In consideration of the Courier Services rendered to the Client, the Client shall pay to the Courier a Fee as mentioned against each Delivery Request executed by the Courier and availed by the Client. The Courier shall not claim any other Fee in view of the change of circumstances / laws etc. unless otherwise indicated in the Terms.
5.2. The Courier shall be entitled to set-off against/deduct/recover from the aforesaid Fee and any other sums payable by the Client to the Courier at any time in respect of any amount due or claimed by the Courier or any statutory or regulatory bodies by the Courier for any action arising out of this Agreement. The amount, if any, net of such set off / deduction / recovery will be paid by the Client to the Courier.
5.3. It is hereby clarified that the Client’s only obligation is to pay the aforesaid Fee to the Courier’s duly authorized agents, employees, representatives. The Courier shall identify such persons to the Clients.
5.4 Any payment of the Fee made to and received by the Courier shall be considered as a full discharge of the Client’s obligations for payment of the Fee hereunder.
5.5. The existing modes of payment for obtaining Courier Services are 1. Cash payment: Cash payment towards the Courier Services obtained at the time of pick-up of Good from the Sender or after the completion of the Delivery Request to the Recipient can be made to the Courier. The Client is responsible for the timely payment of the Fee and additional Charges (if any), in cash to the Courier. 2. E-wallet payment: Payment of the Service Fee (and additional Charges, if any, such as online transaction fee, surcharge etc.) can be made to Borzo India through an online Courier App, a prepaid payment instrument available for payment on the App/Site. Courier offers You the facility of making payments through prepaid payment instruments owned and operated by third-party payment processors (“Payment Processor”). The processing of payments in connection with your use of the E-Wallet will be subject to the terms, conditions, and privacy policies of the Payment Processor that Borzo India engages for the purpose. The Courier will not be responsible for any errors by the Payment Processor in any manner. 3. Credit and debit card: payment of the Fee can be made through credit/debit cards of various banks. Borzo India will direct you to the payment gateway of respective banks, through which you can make a payment.
6.1. Fee: The Client agrees to pay to the Courier for its Courier Services a Fee (as per distance of delivery/Delivery Request), a quote, calculated automatically by Borzo Services for the execution of a Delivery of Goods that will include the remuneration for the Delivery of Goods paid to the Courier and Borzo Services billed to the Client under the conditions set out in Schedule I. Payment shall be made by the Client on the event of completion of Delivery Request by the Courier, upon receipt of the invoices raised by Borzo India on behalf of the Courier. No escalation in rates on any account will be permitted during the contractual period, unless otherwise indicated in the Terms.
6.2. Title Warranty: the Client warrants that it is the owner or legal custodian of the items and has full authority regarding the Goods in accordance with the terms of the Agreement. Security of the Goods shall be the sole responsibility of the Courier; Courier shall give utmost care and consciousness while dealing with the deliverables of the Client.
6.3. Cash on delivery
6.3.1. Simple cash on delivery: Under this service Courier will collect the Goods intended to be delivered from the Client (or the Sender indicated by the Client) and deliver it to the Recipient of Goods to whom delivery was intended and will secure total ‘value of Goods’ including the fee from the Recipient. The Courier will then pay the ‘value of Goods’ delivered to the Client deducting the fee. Such service will include a fee for every visiting points which Courier visited in order to complete the Delivery Request.
However, the Recipient has cancellation rights, if the Recipient does not wish to pursue the Delivery Request, they may cancel the same. In such cases the Courier shall return the Goods intended to be delivered to the Client, and collect a Fee from the Client, which shall include the Fee for every way point visited by the Courier in order to complete the cancellation transaction.
6.3.2. Prepaid COD: Under this service the Client can request, Courier to pay the total ‘Invoice Value of the Goods’ intended to be delivered, at the time of pick-up of Goods, deducting the Fee for such Delivery Request, as well as amount for prepaid Cash on Delivery. The Goods shall be delivered to Recipient of the Goods, to whom such delivery was intended and a payment of the total value of Goods shall be secured in cash from the Recipient by the Courier. However, the Recipient has cancellation rights under such services, if the Recipient does not wish to pursue the Delivery Request; they may cancel the same. In such cases the Courier shall return to the Client, the Goods intended to be delivered and collect a Fee from client, including Fee for every waypoint visited by the Courier to complete cancellation transaction, but shall not include the Fee of prepaid COD.
6.3.3. Cash on Delivery by transfer: Under this service, Courier shall transfer the ‘value of Goods’ intended to be delivered by simple COD, through credit card, debit card, e-transfer or through any other online payment gateway (paytm, mobikwik, paypal etc.) after the actual Delivery Request is completed. Courier shall deduct the Fee and then remit to the Client, the value of Goods delivered. The Client acknowledges and agrees to pay the extra tariff on such e-transactions levied by respective online gateway Courier Apps and correspondent fee of Cash on Delivery by transfer.
The Courier shall confirm that it holds all valid licenses, registration and permissions that are required under the applicable laws for carrying out this activity.
The Courier should comply with applicable Union, State and local laws, ordinance, regulations in performing its obligations, including procurement of licenses, permissions, certificates, etc., payment of taxes, if required.
The Client reserves the right to offer the same type of services to more than one couriers or courier companies.
The Сourier shall:
10.1. Render the Courier Services in terms of prevailing laws of the country.
10.2. Perform and observe all rules and regulations of India.
10.3. Not do or cause to be done anything, which is prejudicial to the interest of the Client or whereby the business or reputation of the Client may be injured or damaged.
10.4. Maintain in full force and effect all applicable licenses, permits, registrations and permissions as may be required for the purpose of rendering the Services under this Agreement and for matters incidental thereto.
10.5. Be responsible for the Goods handed over to/collected/received/delivered by the Courier and shall account for the same.
10.6. Shall not assign the agreement and or any of its obligations under this agreement to any third party without the prior written consent of the Client. Subcontracting is not allowed.
10.7. Shall not engage any person with a criminal record/conviction and any such person shall be barred from participating directly or indirectly in providing the Courier Services under this Agreement.
10.8. Not make any representations or statements on behalf of the Client and shall not enter into any contracts on behalf of the Client with any party / parties.
10.9. Observe and perform all such additional conditions, covenants, undertakings that may be made from time to time by the Client at its sole discretion.
10.10. To compensate the Client for any loss and/or damage caused to the Client as a consequence of misconduct or negligence, forgery, fraud committed in person or in collusion with the third party by service provider.
11.1. Courier recognizes, accepts and agrees that all tangible and intangible information obtained/received/gained/developed or disclosed to the Courier, including without limitation, all details, documents, data, business/customer information, whether manually or digitally, (all of which are hereinafter collectively referred to as “Confidential Information”) that Courier may be, privy to, shall be treated as absolutely confidential.
11.2. The Courier irrevocably agrees, undertakes and warrants that:
11.2.1. The Courier shall keep all the Confidential Information secret and confidential and shall not disclose the same, at all to any person/s at any time or use, nor shall allow being used for any purpose other than as may be necessary for the due performance of the Courier obligations under this Agreement.
11.2.2. The Confidential Information will not be used or permitted to be used by a Courier in any manner, even after the term / termination of this Agreement.
11.2.3. Courier shall be responsible for any act / deed done contrary to the above terms and indemnify the Client for any loss / damage that may be caused to or suffered by the Client due to such acts or omissions.
11.3. In the event of a breach or threatened breach by Courier of the aforesaid clause, Client, shall be entitled to injunctive relief in addition to monetary damages to restrain Courier from any such breach, threatened or actual.
11.4. The provisions of the aforesaid clauses and the indemnity contained therein shall survive, even after the termination or expiry of this Agreement.
11.5. Delivery Information: information, including Personal Information, provided as part of a delivery transaction represents a record of that business transaction and cannot be altered after the transaction is complete except as provided in the Terms. Although Courier makes reasonable efforts to limit access to such information to authorized personnel, the Courier is not responsible for maintaining the confidentiality of information that is printed and placed in plain view on a package or letter.
11.6. Courier treats all data received as assets that must be protected against loss and unauthorized access. The Courier must appropriately protect Confidential Information from unauthorized access by users inside and outside. Access to the Client’s information is limited to legitimate business need-to-know for that information.
11.7. If Courier is directed by a court or by a regulator to disclose information or documents relating to Client including confidential information, it shall notify Client in writing, along with a copy of such order / notice, in sufficient detail immediately upon receipt of such orders in order to permit Client to make an application for appropriate protective order and provide only such information / documents as may be advised by Client in writing.
12.1. The Courier shall undertake to provide regular updates at such intervals of the present status of Goods in lien for Delivery Request with respect to Courier Services provided in terms of this Agreement and Terms.
12.2. Courier hereby agrees to ensure that high standards of care in performing the Courier Services in terms of this Agreement and the Terms and Client has the right to intervene with appropriate measures to meet legal and regulatory obligations.
In addition to other restrictions set forth in this Agreement, the Client agree that:
(a) Client will not place false or misleading information to the Courier.
(b) Client shall not frame or utilize framing techniques to enclose any portion or aspect of the Content or the information, without the express written consent of the Courier.
(c) Client may carefully note that Goods must not contain any letter of communication which will infringe the INDIAN POSTAL ACT. 1983. Cheques, Drafts, Files, Stationery, Documents, Negotiable instruments, Banking papers, L.C.s and such other documents are not barred from being sent through the Courier Services. Courier accepts envelopes/parcels in good faith that they do not contain anything, which will infringe the Law. However, the Goods should not contain any paper or documents which cannot be reconstructed in case of laws.
(d) Goods, which are of Hazardous Nature (Chemicals, Flammable Articles and Liquids) expressly prohibited by the RAILWAY/AIRPORT AUTHORITY OR ANY OTHER TRANSPORT AGENCY, shall not be accepted.
(e) Courier request Client not to enclose CASH in the Delivery Request and not to book other items listed in Schedule II of the Terms.
(f) Courier requests the Client to ensure that the Goods are properly packed with thick paper material to withstand the handling.
(h) The Client should book all their tender documents in advance so as to reach their destinations on time.
(i) Any parcel information or associated charges not explicitly mentioned in the original invoice but collected by Courier at the Client’s request shall be treated as a personal arrangement. The Client shall be liable for such additional requests and charges not included in the original invoice.
To the extent permitted by applicable law and to the extent that the Courier is otherwise found responsible for any damages, Courier is responsible for actual damages only. To the extent permitted by law, in no event shall Courier, be liable for any incidental, indirect, exemplary, punitive and consequential damages, lost profits, or damages resulting from, information, services or content whether based on warranty, contract, tort, or any other legal theory, and whether or not the Courier is advised of the possibility of such damages. To the extent permitted by law, the remedies stated for Client in this Agreement are exclusive and are limited to those expressly provided for in this Agreement.
15.1. All the terms of this Agreement shall be governed by the laws of India. To the fullest extent permitted by law, the Client hereby expressly agrees that any proceeding arising out of or relating to their use of Courier Services, Information, and content shall be instituted in courts in India, and the Client expressly waives any Objection the Client may have now or hereafter to the laying of the venue or to the jurisdiction of any such proceeding. The Client agrees that any claim or cause of action arising out of or related to the Client’s use of the Courier Services and/or content must be filed within One (1) Year after such claim or cause of action arose.
15.2. In the event of any dispute or difference of opinion between the parties arising out of or in connection with this Agreement or with regard to performance of any obligations by either party, the parties hereto shall use their best efforts to settle such disputes or differences of opinion amicably by mutual negotiation.
15.3. However, if the same still remains unresolved within 30 (thirty) days from the date of such dispute being arisen, then such dispute, difference or question in respect of this Agreement or the subject matter thereof, shall be referred to for the decision of a sole arbitrator mutually appointed by the parties in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time. The Award of the Arbitrator shall be final and binding on the parties and the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modifications or re-enactment thereof shall apply to such Arbitration. The arbitration proceedings shall be conducted in the English language and venue of arbitration shall be Mumbai, India. Subject to the above, the courts of law in India alone shall have the jurisdiction in respect of all matters connected with this Agreement. The arbitration award shall be final, conclusive and binding upon the Parties and judgment may be entered thereon, upon the application of either party to a court of competent jurisdiction. Each Party shall bear the cost of preparing and presenting its case, and the cost of arbitration, including fees and expenses of the arbitrators, shall be shared equally by the Parties unless the award otherwise provides.
15.4. Any Legal Disputes shall be subject to the exclusive jurisdiction of the courts situated in Mumbai, India.
The Client shall not assign the Agreement or any of their interests, rights or obligations under the Agreement. If any provision of the Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect. No waiver of any provision of the Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Except as expressly provided in a separate license, service or other written agreement between the Client and the Courier or in the Couriers rate and Service guide or Couriers Tariff, the Agreement constitute the entire Agreement between the Client and Courier, with respect to the use of the Courier Services and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof. No modification of this Agreement shall be binding unless communicated in writing and accepted by Client and Borzo India.
18.1. The Client shall be solely liable for the payment of all taxes, duties, fines and penalties by whatever name called as may become due and payable under any law, rules or regulations as applicable from time to time in relation to the Courier Services hereby agreed to be rendered by the Courier, which ultimately will be paid to the concerned authority by the Courier. The Fee charged by Courier shall be inclusive of all taxes of the land (if applicable).
18.2. In case the Courier Services rendered by a Courier comes within the exemption limit of service or other taxes, the same will not be charged from the Client.
The Courier may maintain at its sole expense, throughout the tenure of this Agreement and the extensions thereto, sufficient insurance coverage in respect of all possible threats / losses that may result from the obligations under this Agreement and in the form and manner satisfactory to the Client.
Paragraph Headings: Paragraphs headings are for convenience only and shall not be a part of the Terms and Conditions of this Agreement.
Waiver: Failure by the Client at any time to enforce any obligation of the Client to claim a breach of any term of this Agreement or to exercise any power agreed to hereunder, will not be construed as a waiver of any right, power or obligation under this Agreement and it will not affect any subsequent breach and will not prejudice Client as regards any subsequent action.
a. Courier shall not assign, delegate, sub-contract or transfer any of its responsibility or any right or obligation contained in this Agreement to any agent and / or sub-agent or to any third party.
b. If such assignment is as a result of the operation of any laws, then Client shall have the option on such assignment to forthwith terminate this Agreement and Courier shall be liable to compensate the Client for damages suffered by Client for what would otherwise have been the remainder of the agreed tenure of this Agreement.
It is expressly agreed and understood between the parties hereto that:
22.1. This agreement is on a non-exclusive basis and Courier does not have any exclusive right to provide the Courier Services to Client.
22.2. Client is free to engage as many companies/firms, to avail such services at any time or in concurrence with the Courier Services provided by Courier will not have any objections to any such arrangements by Client to any other companies / firms or otherwise.
22.3. The Courier shall also be at liberty to secure assignments from any other Client.
23.1. This agreement is on a principal-to-principal basis and does not create any employer-employee relationship.
23.2. The Courier shall provide the Courier Services hereunder as an independent service provider and nothing contained herein shall be deemed to create an association, partnership, joint venture or relationship of principal and agent or master and servant, or employer and employee between Client and the Courier.
Courier hereby agrees and undertakes unconditionally and irrevocably to indemnify, keep indemnified and hold harmless Clients against all losses, claims including third party claims, damages, penalties, costs or expenses, duties, of any kind whatsoever which may arise on account of proven warranty representations, unauthorized acts, fraud, deed or loss in transit against or be incurred by Client as a result of any act, omission or commission, negligence or any other reasons whatsoever, on the part of Courier.
a. The termination of this Agreement shall not affect the rights, remedies and obligations of the parties accruing prior to such termination.
b. The provisions of this Article shall not preclude Client from recourse to any other remedies available to it under any statute or otherwise, at law or in equity.
c. Courier shall upon termination of this Agreement forthwith hand over to Client all documents, material and any other property belonging to Client including any confidential information.
a. Nonobservance of the provisions of this Agreement by Courier.
b. Negligence on the part of Courier in rendering the Courier Services.
c. In the opinion of the Client that the performance of Courier is not in accordance with the service standards expected.
d. If Courier ceases to do business in a normal and customary manner.
e. If the rendering of the Courier Services under this Agreement is illegal or violation of any law for any reason whatsoever.
f. If in the opinion of Client, the interests of the Client are jeopardized in any manner whatsoever.
27.1. The terms and provisions of this Agreement that by their nature and content are intended to survive the performance hereof by any or all parties hereto shall so survive any termination of this Agreement.
27.2. All rights and remedies conferred under this Agreement or by law shall be cumulative and may be exercised singularly and concurrently.
This Agreement binds the heirs, executors, administrators, and successors and permitted assigns with respect to all covenants herein and cannot be changed except by written agreement signed by both the Parties.