Shipping Policy,
1. Subject to terms and conditions contained in these Delivery Partner T&C and the Agreement, the Delivery Partner agrees to makes himself available on the 4 Square groups DP Platform to undertake Delivery Services as and when a request for the same is placed by a User through the 4 Square groups DP Platform, and to provide Delivery Services to the Users to the best of his abilities.
2. Delivery Partner agrees and acknowledges that the upon acceptance of an order by the Delivery Partner, Delivery Services undertaken by him shall constitute a separate contract for services under the Consumer Protection Act, 2019 or any successor legislations, between the Delivery Partner and the User, to which 4 Square groups is not a party.
3. At the time of availing the Platform Services for the first time from 4 Square groups, the Delivery Partner shall, at the discretion of 4 Square groups, be required to pay either (i) an onboarding fee (“ Onboarding Fee”) to 4 Square groups of such amount and in such manner as prescribed by 4 Square groups from time to time, or (ii) an interest free refundable security deposit (“ Security Deposit”) to 4 Square groups, of such amount and in the manner prescribed by 4 Square groups from time to time. In addition, 4 Square groups shall charge additional fees from the Delivery Partner for any additional training and support services provided by 4 Square groups (“ Training and Support Fees”). To enable the Delivery Partner to render Delivery Services, 4 Square groups may provide the Delivery Partner with certain assets including, but not limited to, the 4 Square groups DP Platform on the Delivery Partner’s smart phone; bags etc. Upon termination of these Delivery Partner T&C and the Delivery Service Agreement, the Security Deposit, if any, shall be refunded to the Delivery Partner by the 4 Square groups after the assets are returned to the 4 Square groups in usable condition. In the event the asset returned by the Delivery Partner is not in usable condition, 4 Square groups shall deduct such amount as provided in Annexure A hereto. The Parties understand that the decision of 4 Square groups whether an asset is usable or not shall be final and binding on the Delivery Partner.
4. The Delivery Partner shall, at the discretion of 4 Square groups, be required to either pay the Onboarding Fee or deposit the Security Deposit which is prescribed at the time of his joining in the city of his joining.
5. In consideration of 4 Square groups making the 4 Square groups DP Platform available to You, 4 Square groups, at its discretion, may charge fee for providing the Platform Services (“Platform Charges ”), which shall be notified to You by such means as 4 Square groups may deem fit. Your continuous use of the 4 Square groups DP Platform and the Platform Services after such notification shall be deemed to be acceptance of the Platform Charges by You. The Platform Charges may be revised by 4 Square groups, at its discretion, from time to time, without any notice.
6. The amount of Training and Support Fees, Onboarding Fee, Security Deposit and the Platform Charges shall be determined by 4 Square groups and may be revised from time to time at the sole discretion of 4 Square groups.
7. The Delivery Partner shall create a log-in ID on the 4 Square groups DP Platform to be able to render Delivery Services. The Delivery Partner acknowledges that the sign-in details, including the username and password, are confidential and, accordingly, shall not share them with any third party, without written approval from 4 Square groups.
8. The Delivery Partner shall have access to the 4 Square groups DP Platform at all times unless there is a technical glitch or if the 4 Square groups DP Platform is being updated. Once logged-in, the Delivery Partner shall remain available and shall be able to connect with the Users for the purpose of receiving orders placed by the Users and undertaking Delivery Services in connection with the same.
9. The Delivery Partner confirms and acknowledges that by logging-in on the 4 Square groups DP Platform, he agrees to be tracked by 4 Square groups via GPS enabled tracking technology and 4 Square groups may share this information with Users on a real-time basis for the purpose of enabling the status of the Delivery Services being provided by the Delivery Partner to the Users. The Delivery Partner further agrees that logging-in on the 4 Square groups DP Platform shall be deemed acceptance of the Delivery Partner’s intention to accept orders of Users to render the Delivery Services mentioned herein.
10. All reasonable attempts shall be made by the Delivery Partner to collect the order from the Restaurant Partners and deliver it to the Users, as quickly and efficiently as possible.
11. In consideration for the Delivery Services provided by the Delivery Partner to the Users of delivering food and beverages to the Users, the Delivery Partner may charge the Users a service fee (“ Delivery Charges”), subject to such Delivery Charges being accepted by the User at the time of placement of the order. The Delivery Charges shall be agreed between the Delivery Partner and 4 Square groups from time to time, in the manner provided under these Delivery Partner T&C.
12. In order to incentivize the Delivery Partner for the availability committed by him/her on the 4 Square groups DP Platform to undertake Delivery Services as and when he is connected to a User, 4 Square groups may, at its discretion, pay the Delivery Partner a fee (“ Availability Fee”), in addition to the Delivery Charges collected by the Delivery Partner from the Users.
13. Notwithstanding anything to the contrary under Clause 3(ix) above, the Delivery Partner hereby absolutely, unconditionally and irrevocably authorizes 4 Square groups to determine the amounts chargeable by the Delivery Partner as Delivery Charges, through such means as 4 Square groups may determine, including real-time analysis of the demand for Delivery Services, the availability of delivery partners on the 4 Square groups DP Platform to provide Delivery Services to the Users, traffic and weather conditions, seasonal peaks and such other factors as 4 Square groups may deem fit, and you agree that the Delivery Charges may be revised from time to time on the basis of one or more of these factors. 4 Square groups shall, from time to time and through such means as 4 Square groups may deem fit, notify You the Delivery Charges that You may charge the Users.
14. You shall not charge the Users any amount over and above the amount of Delivery Charges agreed between You and 4 Square groups under these Delivery Partner T&C.
15. You hereby authorize 4 Square groups to collect from the Users, on your behalf, the Delivery Charges charged by You to the Users for undertaking Delivery Services, which shall be remitted to you on a weekly basis through such mode and on such day(s) of a week as 4 Square groups may from time to time decide.
16. 4 Square groups may, at its discretion, pay the Delivery Partner an additional amount and/or incentive (in addition to what 4 Square groups collects from the Users) for the Delivery Services provided by the Delivery Partner using the 4 Square groups DP Platform..
17. 4 Square groups may, at any time: (a) set off and deduct any amounts due from, payable by or proposed to be paid by 4 Square groups to the Delivery Partner, including the Delivery Charges collected by 4 Square groups from the Users on behalf of the Delivery Partner and the Availability Fee; and (b) apply such amounts towards any amounts due from, or payable by the Delivery Partner under or in connection with the Agreement and the Delivery Partner T&C, including without limitation the Platform Charges. 4 Square groups shall have the right and the obligation to pay only such amounts due and payable by 4 Square groups to the Delivery Partner, if any amount so remains due and payable after such set off, deduction and application as set out under this Clause 3(xvii). Nothing in this Clause 3(xvii) shall prejudice any right or remedy available to 4 Square groups, whether under contract, law or equity to recover any amounts due from, or payable by the Delivery Partner under or in connection with the Agreement and the Delivery Partner T&C, whether such amounts arise under contract, tort, statute or equity.
18. Notwithstanding anything contained in these Delivery Partner T&C, there shall be no obligation on the Delivery Partner to be available on 4 Square groups DP Platform for a minimum number of hours/days. The Delivery Partner acknowledges that he has flexible timings and can chose to log-in the 4 Square groups DP Platform anytime he wants and for howsoever long he wants, at his sole discretion. 4 Square groups shall also not supervise the actions and conduct of the Delivery Partners unless they are in gross violation of their duty to render Delivery Services under these Delivery Partner T&C or the Agreement. All queries and questions raised by the Delivery Partner, including but not limited to how to collect an order from the outlet of a Restaurant Partner, directions for the delivery address, manner to keep and store the food and beverages while in transit shall be directed to a Lead Business Associate for the particular area from where the Delivery Partner is operating to render the Delivery Services.
19. Regular Delivery will be charged as per normal charges as per distance (same will be applicable for food and groceries).
20. For Multiple restaurants will be charged additional Rs.50 for each restaurants and total delivery charges will be calculated based on the longest distance from the restaurant to delivery location.