Delivery Terms
Last updated on April 01, 2023

These Delivery Terms (“Delivery Terms”) are in addition to the Terms of Use (https://test.mark-ai.com/terms-of-use/) that forms a binding agreement between R-Indventures Private Limited a company registered under the Companies Act, 1956, having its registered office at Plot No B, Khasra-360, Sultanpur, M.G. Road, New Delhi-110030,(“Pidge”, “we”, “us” or “our”) and you “You”.

1. General

Terms defined in the Terms of Use have the same meaning under these Delivery Terms unless stated in writing.

In case of a conflict in the interpretation of any provision of these Delivery Terms against the User Agreement, the terms of these Delivery Terms will prevail.

For the purposes of these Terms, ‘User’ and wherever the context may require, ‘You’ (or any variation thereof), shall mean any natural or legal person (including any legal heirs, administrators or successors) who has agreed to become a user of the Platform by accessing or using the Platform. If You are accepting these Terms and using the Services (as defined below) or the Platform on behalf of a company, organization, government, or other legal entity, You represent and warrant that You are authorized to do so.

2. Service

In addition to the Platform Service, Pidge also provides last-mile logistics services to fulfill deliveries which can be ordered and managed through the Platform (“Delivery Service”). The User can avail pick-up and delivery service for goods that the User wishes to transport (“Goods”) from a predetermined pick-up point (“Pick-up Point”) to a predetermined drop-off point (“Drop Point”) to the End Customer as identified by the User. The User may choose to be the person sending the Goods or could identify such other person who will be the sender of the Goods (“Sender”) or be the recipient of such Goods or could identify such other person who will be the recipient of the Goods (“Recipient”), as the case may be. Your use of the Delivery Service is governed by these Delivery Terms and the User Agreement.

Pidge undertakes to provide services for all/any No. Units to be delivered as ordered through the Platform.

Orders can be auto allocated to Pidge Delivery Services instantly or at a predefined threshold as agreed if agreed between the parties under a separate agreement (the “Customer Agreement”)..

Pidge services are subject to availability of delivery executives and order locations and/or times being serviceable. Serviceability conditions are available real-time and shown before booking an order. The service being unavailable for selection on the Platform indicates that it is not currently serviceable. Pidge may change its serviceability conditions at any point and at its sole discretion.

3. Delivery

Pidge will assign a delivery person for providing these Services to you (“Rider”). The Rider will collect the Goods from the Sender at the Pick-up Point and deliver them to the Recipient at the Drop Point. In case either of the Pick-up Point or the Drop Point is beyond the radius of operation of Pidge, the User will be notified of Pidge’s inability to provide the Services prior to placing any request for delivery.

The Rider may, while collecting the Goods from the Sender at the Pick-up Point, hand over a tamper-proof bag to the Sender. The Sender shall, and the User shall cause the Sender to, pack and appropriately seal the Goods in the tamper-proof bag provided by the Rider. Pidge will not be responsible for the loss or damage of Goods which were damaged, broken, or not fit for transport before the Goods were handed over to the Rider. Pidge does not conduct any checks on the Goods, and it is the User’s responsibility to ensure that the Goods are packed properly before sealing the Goods in the tamper-proof bag or otherwise. In case due to any circumstance the Rider seals or handles the tamper proof bag on the instruction of the User/Sender or otherwise, the same shall not make the Rider liable for any damage to the contents of the tamper proof bag or the delivery item.

Upon initiation of service via placement of order on any of the Platforms of Pidge, a unique One Time Password (“OTP”) may be created and communicated to both the Sender and the Recipient. Thereafter, once the Goods are handed over by the Sender to the Rider, the Rider will scan the barcode on the bag signifying the pick up of the order or take an image of it to associate it to the order. Subsequently, the Rider, upon reaching the location of the Recipient, will scan the barcode on the tamper-proof bag again signifying its delivery to the Recipient, or take an image and make proof available to the User. Pidge will neither pick up the delivery items from the sender nor deliver the Goods to the Recipient unless the OTP provided by the Sender/Recipient respectively matches with the scanned package before the order is picked up from the Sender or delivery is made to the Recipient.

Pidge may bypass either/both OTP on the User’s request or an Agreement to the contrary, but will not be liable for any defect/damage/destruction to/of the delivery item(s). Pidge will retain the right to refuse delivery if the incorrect OTP is provided by the Sender or Recipient.

Pidge shall provide updates on the status of delivery via SMS/WhatsApp/Email/Application Notification. Placing an order with recipient or sender details different to that of the User constitutes consent to Pidge to communicate with the sender or receiver via any of the aforementioned mediums, further elaborated in the Privacy Policy. Additionally the Recipient/Sender may be able to track the movement of your Goods through the live-tracking facility available on the Platform or otherwise through services provided to Pidge by third-parties. Though live-tracking may be reliable, it is also prone to inaccuracies due to network issues. Pidge does not give any assurance with respect to the accuracy of the live-tracking system available on the Application.

Pidge reserves the right to map and calculate its routes, pick up multiple items along the way, consequently storing items transiently, or transferring items across riders at its sole discretion which shall be considered as a part of the Service and agreeing to these Terms shall explicitly give Pidge the right to transiently store delivery items as well as transfer delivery items across rider without inducting any additional liability.

By giving us the Goods in the tamper-proof bag or otherwise, You hereby appoint us as your agent, and as agent solely for the delivery of the Goods to the Recipient. In some instances, local authorities may require additional documentation confirming our appointment. You hereby agree that your confirmation and agreement to these Delivery Terms are the confirmation of our appointment as your agent for the limited purpose as set forth above.

4. Responsibilities

Both parties undertake to provide accurate information to each other, and the User takes the sole responsibility of the information provided to Pidge. Pidge shall not be held liable for any deficiency in case of inaccurate or wrong information.

Pidge shall use information provided by You for fulfilling delivery obligations, providing services and access to live tracking to the Customer and its implicitly and explicitly represented parties including senders, receivers, and any other point of contact by calling, messaging, or providing links to download or access the Platform via the medium chosen by the customer, or default methods including but not limited to SMS, Whatsapp, and cloud telephony providers.

Both the Parties shall comply with all Applicable Laws in the performance of their respective obligations.

Packaging is the sole responsibility of the User and any damage to the product/ Delivery Unit because of poor packaging shall not be attributed to Pidge or any of its Riders operating on the platform.

You agree that you will not use the Delivery Services for any unauthorized and unlawful purpose. You will not impersonate another person to any of the aforesaid.

You agree to use the Delivery Services only for purposes that are permitted by: (a) the terms of usage as outlined in these Delivery Terms and the User Agreement; and (b) any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of goods, data or software to and from India or other relevant countries).

You agree not to access (or attempt to access) the Delivery Services or any of the delivery or support executives by any means other than through the Platform, unless you have been specifically allowed to do so in a separate agreement with Pidge.

You agree that you will not engage in any activity that interferes with or disrupts the Delivery Services (or the servers and networks which are connected to the Delivery Services).

You agree that you are solely responsible for (and that Pidge has no responsibility to you or to any third party for) any breach of your obligations under these Delivery Terms and the User Agreement and for the consequences (including any loss or damage which Pidge may suffer) of any such breach.

You expressly acknowledge and agree that your use of the Delivery Services is at your sole risk and that the Delivery Services are provided “as is” and “as available”, and Pidge at its discretion, will provide any customization or modification.

5. Pricing & Payment

Pidge shall charge the User in accordance with its latest pricing as intimated to the User on the Platform. Any custom pricing implemented will be separately agreed to in Customer Agreements and will reflect as such on the platform. The Platform or the Delivery Service will not be liable for any incorrect pricing arising from information incorrectly inputted by the customer including but not limited to inaccurate addresses or misrepresented delivery units. The Platform or the Delivery Service will not be liable for any inaccuracies in the routes or distance calculation  provided by third party geolocation services. The customer sees and agrees to the Delivery Charge before making the booking. Disputes for incorrect charges in case of incorrect delivery charges must be raised within 7 days of making the booking.

The Delivery Service  charge (“Delivery Charge”) shall accrue to Pidge from the time of placement of order, and deducted immediately from the Digital Wallet. Any exceptions with regards to credit policies or terms of payment will be governed by the separate Customer Agreement and governed by the Terms of Use.

6. Liability, Cancellation & Return: 

Subject to clause 6, Pidge shall not be liable for any damage to the package/Delivery Units or its contents unless the same is explicitly on account of negligence of the Pidge

Pidge shall charge or deduct an appropriate amount in case of cancellation of order according to the time and effort utilized by such order.

Pidge shall charge or deduct twice the amount of Delivery Charge in case of return of undelivered Delivery Units to pick up location.

Pidge may cancel the order at any time and at its own discretion after order booking due to conditions beyond its control. In such an event, a full refund will be issued to the customer.

Pidge shall not be liable for any breach of confidentiality or privacy on behalf of the User by accessing and using personal information provided to it by the User for provisioning of its service and it is the User that shall be solely responsible for breach of such privacy. The personal information provided shall be used by Pidge only for the purpose specified in the Privacy Policy.

User agrees that it will take all reasonable steps and necessary actions in order to mitigate any  loss or damage, or anticipated loss or damage to Pidge caused directly or indirectly by the User’s actions, which includes a breach of these Delivery Terms, the User Agreement, any Applicable Law or transport/delivery of any restricted goods.

7. Limitation of Liability:

For the sake of clarity, this provision only covers the Delivery Services provided by Pidge and excludes any other Platform Services. Please refer to the Terms of Use for provisions governing the usage of the Platform as a whole.

Notwithstanding anything contained under these Delivery Terms and subject to the terms stipulated hereunder this clause, it is hereby expressly agreed between the Parties that the maximum liability of Pidge for any loss or damage caused to shipments, for any reason whatsoever including but not limited to any acts whatsoever by Pidge or its employees, agents, assigns, or other representatives and as attributable to have occurred by and while in the transit network of Pidge will be limited to the Delivery Charge for such service.

Pidge’s liability towards the User shall be strictly governed as per the terms mentioned hereunder:

1. Insurance will be arranged by the User or End Customer to cover loss, damage or pilferage of the shipments during transit. Pidge’s responsibility is limited to providing a Certificate of Facts.
   
   

2. Pidge may, at the request of the User when tendered in writing to Pidge, issue Loss/Damage/Shortage certificate (“Certificate of Fact”/“COF”) with the sole purpose of enabling the User to lodge an insurance claim with its Insurer. The User agrees and acknowledges that COF issued by Pidge to the User pursuant to request of the User shall not be construed to be admission of any liability or claim, in any manner, whatsoever on the part of Pidge and Pidge shall be discharged of all liabilities or claims, if any, arising out of shipment on receipt of COF by the User
   
   

3. No claims shall be entertained by Pidge for any damages caused to liquid, perishable, or fragile shipments under these Delivery Terms. Further, in case of any ambiguity, this clause shall prevail over any other clause in these Delivery Terms and the User Agreement.
   
   

4. Pidge shall not be liable in any event for any indirect, incidental, consequential, special or exemplary losses or damages arising from the Agreement under tort, common law or under public policy, even if such party has been advised of the possibility of such damages, such as including but not limited to loss of revenue, loss of goodwill or profits or anticipated profits or lost business, any loss of data etc.
   
   

5. Any such claim giving rise to any liability stipulated in this clause shall be subject to mutual verification by the Parties;
   
   

6. All claims as to loss shall be duly notified in writing by the User to Pidge within 30 days from the date of physical hand over of the shipment/ booking of shipment by the User with Pidge, failing which the User shall be deemed to have waived off its right in connection with the same. Further, all claims as to damage to the shipment shall be duly notified by the Userto Pidge in writing within 24 hours of receipt of shipment from Pidge. Further it is being acknowledged by the User that no liability shall accrue upon Pidge in case where only external packaging is damaged but the contents of the shipment are in good order; 
   
   

7. Notwithstanding anything contained in these Delivery Terms, it is acknowledged by the User  that Pidge shall not be liable for any delays / shortage/ loss/ damage/ non delivery of the shipment arising/ occurring due to the reasons not attributable to Pidge and/ or beyond its reasonable control such as Force Majeure events, government actions including detention, seizure/ interception/ insufficient/ incorrect-incomplete address/erroneous particulars marked on the Invoice due to which the shipment remains undelivered and for any other factors not attributable to Pidge.
   
   
   

8. Force Majure

Pidge shall not be held liable for any loss, delay or damage caused to the shipments due to a Force Majeure including but not limited to an act of god, strikes, acts of terrorism, burglary, hijacking, robbery, riots, political disturbances, invasion, fire, floods, tsunami, epidemic/pandemic, road accidents and for reasons beyond the control of Pidge and/ or not attributable on account of Pidge. Occurrence of a force majeure shall not relieve a Party of any obligation to pay any sum due and payable under these Delivery Terms or the User Agreement.

9. Restricted Goods

User hereby agrees that it will not, and (if  they are separate persons) ensures that the Sender will not book / handover any good/shipment which is banned, restricted, illegal, prohibited, stolen or infringing of any third party rights, or which contains any cash, jewellery (excluding artificial jewellery), gold, silver, diamond, platinum, precious metals, precious stones, currency, bullion, financial and security instruments, or any reactive, hazardous or dangerous items/goods which are in breach of any applicable law or of any packaging/transportation guidelines of the concerned courier vendor; in which cases Pidge shall not be liable for the delivery of any such products. In the event User hands over or provides the aforesaid goods/shipments to Pidge, its Riders or its Delivery Network Partners, then Pidge, its Riders and its Delivery Network Partners shall not be responsible and liable for any loss, damage, theft or misappropriation of such products even if service provider or delivery personnel has the knowledge of the same and even if such loss, damage, theft or misappropriation is caused due to any reason attributable to service provider or delivery personnel. The User undertakes that in the event any article/good/shipment booked/handed over by it or the Sender falls within the category of the banned/illegal items or those described above (including reactive, hazardous and dangerous goods which are in breach of any applicable law or of any packaging/transportation guidelines of the concerned courier vendor), then the User agrees to indemnify Pidge, its Riders and its Delivery Network Partners for any and all issues, losses and damages arising pursuant thereto. In addition, Pidge would inter-alia have the right to retain the custody of such shipments (including opening, inspecting and subsequently disposing of shipments within 30 days of retention) and to levy damages/charges (along with the applicable GST amount and freight charges) of amount as reasonably decided by Pidge in its sole discretion.