Delivery Partner Terms And Conditions
This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as 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. By clicking on the "I ACCEPT" button, You are consenting to be bound by these Delivery Partner T&C for using the Fotato DP Platform for the purpose of receiving orders and delivering the food and beverages to the Users. Please ensure that you read and understand all these delivery partner T&C before you use the service of the Fotato DP platform, as you shall be bound by all the delivery partner T&C contained herein upon clicking on the "I ACCEPT" button. If You do not accept any of the Delivery Partner T&C, please do not use the Fotato DP Platform or avail any of the services being provided therein. Your agreement to the delivery partner T&C shall operate as a binding agreement between you and Fotato in respect of the services of the Fotato DP platform.
Your engagement with Fotato to use the services of the Fotato DP Platform are subject to your acceptance of these Delivery Partner T&C. Fotato reserves the right, at its sole discretion, to change, modify, add or remove these Delivery Partner T&C, in part or in whole, at any time, without prior notice to You. It is Your responsibility and duty to check the Delivery Partner T&C periodically for changes. Your continued use of the Fotato DP Platform following the posting of changes will mean that You accept and agree to the changes. As long as You comply with these Delivery Partner T&C, Fotato grants You a personal, non-exclusive, non-transferable, limited privilege to enter and use the service on the Fotato DP Platform.
Definitions
"Acceptance" means your affirmative action of clicking on the box against the words " I Accept" provided at the end of these Delivery Partner T&C, by which action, you unequivocally accept the Delivery Partner T&C and any modifications thereof;
"Agreement" shall mean the Delivery Services Availability Agreement executed between Fotato and the Delivery Partner pursuant to which the Delivery Partner has agreed to undertake Delivery Services;
"Applicable Law" shall mean and include any law, statute, ordinance, rule, regulation, guideline, policy or other pronouncement having the effect of law in India, as in effect or which may come in effect on a future date;
"Delivery Partner" or " You" or " Your" or " Yourself" shall mean an individual who has executed Agreement for the provision of Delivery Services;
"Delivery Partner Information" shall mean and include any personal data collected from the Delivery Partner including know your customer documents with Delivery Partner's bank, copies of valid government issued vehicle registration certificate, vehicle insurance copy, driving license, identity proof, residence proof, location data, proof of ownership of Delivery Partner Vehicle and any other information that Fotato may deem fit;
"Delivery Partner Vehicle" shall have the meaning assigned to it in Clause 5(i);
"Delivery Services" shall mean either or both of the following as the context may require:
The services provided by the Delivery Partner to Fotato of making himself available on the Fotato DP Platform for the purpose of receiving orders placed by the Users;
The delivery services provided by the Delivery Partner to the Users whereby the Delivery Partner collects the food and beverages ordered by the Users and delivers the same to the Users.
"Intellectual Property Rights" shall mean and include the copyright (whether registered or not), patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs ( both industrial and layout), geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, reproducing rights, domain names, internet address, graphics, artwork, links, information, logos, software, configuration, marketing and distribution material and any other intellectual property right in the website of Fotato, and Fotato Platform, which are used and/or owned by Fotato;
"Lead Business Associate" shall mean a person designated by Fotato responsible for ensuring all questions and queries of Delivery Partners operating within a defined territorial area are answered as well as providing all necessary operational support that such Delivery Partners may require;
"Platform Services" shall have the meaning assigned to it in the Agreement;
"Termination Date" shall mean the date on which these Delivery Partner T&C and the Agreement shall stand terminated;
"Terms and Conditions" or " Delivery Partner T&C" refers to these Delivery Partner Terms and Conditions, which are available on the Fotato DP Platform, as may be amended from time to time;
"Restaurant Partner" shall have the meaning assigned to it in the Agreement.
"Fotato" or " We" or " Us" or " Our" shall mean Potters Solutions Private
Limited, a company incorporated under the Companies Act, 1956, and having its
registered office at 26-45 & 26-45/1, Flat No 3, Manjeera Grand, Chanakya Puri,
Hyderabad, Telangana 500047, India, which expression shall, unless it be
repugnant to the context or meaning thereof, be deemed to mean and include all
our successors, affiliates and assigns;
"Fotato DP Platform" shall have the meaning assigned to it in the Agreement. It
shall also include for all purposes the mobile interface provided to the
Delivery Partner wherein all the back-end technology is incorporated to enable
the Delivery Partner to provide Delivery Services as well as enable Fotato, to
track the orders and other relevant information;
Unless the context of these Delivery Partner T&C otherwise requires:
A word or an expression, which denotes a natural person shall include an artificial person (and vice versa), any one gender shall include the other genders, the singular shall include the plural (and vice versa).
Heading and bold typeface in these Delivery Partner T&C are for convenience only and shall be ignored for the purposes of interpretation.
The use of the word "including" followed by a specific example(s) in these Delivery Partner T&C, shall not be construed as limiting the meaning of the general wording preceding it.
The rule of construction, if any, that a contract should be interpreted against the parties responsible for drafting and preparation thereof, shall not apply.
Reference to any clause, article, section or schedule shall mean a reference to a clause, article, section or schedule of these Delivery Partner T&C, unless specified otherwise.
Reference to any Applicable Law shall mean a reference to that law as amended, consolidated, supplemented or replaced.
Location Based Services
You acknowledge and agree that Your geo-location information is required from You to provide the DP Services to the Users, using the Platform and is required by Fotato for it to provide You with Fotato Services. You acknowledge and hereby consent to the following: (a) Your geo‐location information will be monitored and tracked by Fotato, when You are logged into Your Account on the Platform and available to receive requests for providing DP Services from the Users, or when You are providing transportation and/ or logistics services to the Users; and (b) the approximate location of Your vehicle will be displayed to the User before and during the provision of DP Services to such User. In addition, Fotato may monitor, track and share Your geo‐location information obtained by the Platform and Delivery Partner Device, as the case may be, for safety, security, technical, marketing and commercial purposes, including to provide and improve Fotato's products and services.
Applicability of Delivery Partner T&C
These Delivery Partner T&C together with the Agreement shall form the complete
understanding between the Parties. By accepting these Delivery Partner T&C, You
acknowledge and agree to the Delivery Partner T&C and Fotato policies that
Fotato makes applicable to You from time to time, to the fullest extent
possible.
Unless defined herein, the words, phrases and capitalized terms, which are
contained or referred to in these Delivery Partner T&C, shall be construed as
having the meaning thereby attributed to them in the Agreement.
Service and Charges
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 Fotato DP Platform to undertake Delivery Services as and when a request for the same is placed by a User through the Fotato DP Platform, and to provide Delivery Services to the Users to the best of his abilities.
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 Fotato is not a party.