This document constitutes an electronic record in accordance with the provisions of the Information Technology Act, 2000, and the rules framed thereunder, as applicable. The content aligns with the regulations concerning electronic records in various statutes, as amended by the Information Technology Act, 2000. Generated by a computer system, this electronic record does not require any physical or digital signatures.
By clicking the “I ACCEPT/AGREE” button on the Platform, you are expressing your consent to be bound by this Agreement, enabling you to use the Platform for the purpose of receiving and delivering services. Please ensure that you thoroughly read and understand all the clauses before utilizing the Platform’s services, as your agreement to this Agreement is confirmed upon clicking the “I ACCEPT” button. If you do not accept any part of this Agreement, kindly refrain from using the Platform or availing any of the services provided therein. Your agreement serves as a binding commitment between you and ANEERU FASTEST DELIVERY INDIA PVT. LTD.” (referred to as “FASTEST DELIVERY”), a company duly registered under the provisions of the Companies Act, 2013, with its registered office located at PLOT NO- 108 & 109 1STFLOOR, OM VIHAR PHASE-1, Uttam Nagar, West Delhi, New Delhi 110059, India concerning the Platform’s services.
Your engagement with FASTEST DELIVERY to use the FASTEST DELIVERY services is contingent upon your acceptance of the specified clauses in this Agreement. FASTEST DELIVERY reserves the right, at its sole discretion, to change, modify, add, or remove these terms and conditions, either partially or entirely, at any time, without prior notice to you. It is your responsibility to periodically review the terms and conditions for changes. Continued use of the Platform after the posting of changes indicates your acceptance and agreement to the modifications. As long as you adhere to this Agreement, FASTEST DELIVERY grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Service on the Platform. These terms and conditions come into effect from the date of your acceptance within our application.
DEFINITIONS
“Acceptance” refers to your affirmative action of clicking on the box labeled “I Accept” at the end of these Driver Partner’s Agreement, including the Terms and Conditions (T&C). By taking this action, you unequivocally accept the Driver Partner T&C and any subsequent modifications.
“Agreement” pertains to the Services Agreement executed between FASTEST DELIVERY and the Service Provider, outlining the Driver Partner’s commitment to undertaking Services.
“Applicable Law” encompasses any law, statute, ordinance, rule, regulation, guideline, policy, notification, circular, or similar decision, interpretation, administration, or pronouncement with legal effect in the Republic of India or any other applicable jurisdiction, whether currently in force or anticipated in the future.
“Business Day” denotes a day, excluding national gazette holidays and bank holidays in the Territory, during which nationalized banks in India are generally open for banking business within normal working hours.
“Driver Partner” or “Service Provider” or “You” or “Your” or “Yourself” signifies an individual who has executed an Agreement for the provision of Services.
“Driver Partner information” covers any personal data collected from the Driver Partner, including know-your-client documents with the Driver Partner’s bank, copies of valid government-issued Vehicle registration certificates, Vehicle insurance copies, driving licenses, identity proofs, residence proofs, location data, proof of ownership, and compliance under welfare legislations for the Driver Partner, along with any other information deemed fit by FASTEST DELIVERY.
“Driver Services” encompasses the services provided by the Driver Partner to FASTEST DELIVERY, involving making oneself available on the Platform to receive orders from Users and delivering goods/products/consignments ordered by customers/consignors on the Platform to the consignees.
“Governmental Authority” refers to any governmental or governmental agency, semi- governmental or judicial entity or authority, department of law and order, including police personnel of any rank, and any stock exchange or self-regulatory organization established under statute.
“Intellectual Property Rights” include copyright (registered or not), patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks, and the right to register them, designs (industrial and layout), geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, reproducing rights, domain names, internet addresses, graphics, artwork, links, information, logos, software, configuration, marketing and distribution material, and any other intellectual property right used and/or owned by FASTEST DELIVERY Platform.
“Platform Services” holds the meaning ascribed to it in the Agreement.
“Fees” denote the consideration payable by FASTEST DELIVERY to the Driver Partner for providing the Services, as outlined under this Agreement and the General Terms and Conditions.
“Services” refer to the Driver and Platform Services, technology-based services provided by FASTEST DELIVERY for the transportation of goods/products/consignments, hiring of Vehicles by customers, and other related services within city limits and beyond, through the internet and/or mobile telecommunications devices.
“Tax” encompasses present and future taxes, deductions, withholdings, duties, imposts, levies, cesses, fees, charges, social security contributions, and rates imposed
by any Governmental Authority or other taxing authority in India or elsewhere. “Taxes” includes interest, additional taxation, penalty, surcharge, cess, or fine related to the aforementioned.
“Termination Date” signifies the date on which these Partner T&C and the Agreement shall stand terminated.
“Terms and Conditions” or “Driver Partner T&C” refers to these Driver Partner Terms and Conditions, available on the Platform and subject to amendments from time to time
“We” or “Us” or “Our” or “FASTEST DELIVERY” refers to ANEERU FASTEST DELIVERY PRIVATE LIMITED, a company incorporated under the Companies Act, 2013, with registered and corporate offices as specified.
“Person” denotes any natural person, limited or unlimited liability company, corporation, partnership, proprietorship, Hindu undivided family, trust, union, association, Governmental Authority, or any other entity treated as a person under the Applicable Law.
“Platform” holds the meaning assigned to it in the Agreement, encompassing the mobile application/website interface provided to the Driver Partner with incorporated back-end technology for Service provision and order tracking.
“Vehicle” refers to the means of transportation used by the Driver Partner to perform the Services.
APPLICABILITY OF TERMS AND CONDITIONS
The Driver Partner T&C, in conjunction with the Agreement, constitute the comprehensive understanding between the Parties. Upon acceptance of these Driver Partner T&C, you explicitly acknowledge and consent to the Driver Partner T&C and FASTEST DELIVERY policies applicable to you, as may be updated from time to time, to the fullest extent possible.
Unless specifically defined herein, terms, phrases, and capitalized expressions contained or referred to in the Agreement shall be interpreted with the meanings ascribed to them in the Agreement.
REPRESENTATIONS AND WARRANTIES
As of the Effective Date, the Service Provider affirms and assures that the following representations and warranties are accurate, valid, and in force in all respects:
To register as a Service Provider, one must be above 18 years old, enrolled in all welfare schemes provided by any Governmental Authority, and must periodically share requisite documents with FASTEST DELIVERY for compliance purposes only.
The Service Provider must consistently possess:
A valid driver’s license (if applicable) with the appropriate certification to operate the Vehicle driven/ridden by them,
All licenses, permits, approvals, and authority applicable to the Vehicle (if applicable) necessary to provide the Services,
The necessary and current level of training, expertise, and experience to deliver the Services professionally, with due skill, care, and diligence, and
Maintain high standards of professionalism, service, and courtesy. The Service Provider acknowledges the possibility of undergoing background and driving record checks periodically.
The Service Provider affirms that FASTEST DELIVERY does not control or own the Vehicles used by a passenger or any driver providing services to the customer, whether employed by the Service Provider or not. FASTEST DELIVERY bears no liability or responsibility for any insufficiency or deficiency in the services provided by the Service Provider to the consignor/consignee.
The Service Provider agrees and acknowledges that upon accepting an order, the Services rendered by them constitute a distinct contract for services under the Applicable Laws or any
successor legislations, between the Service Provider and the User, to which FASTEST DELIVERY is not a party.
In addition to the responsibilities outlined herein and specifically concerning two-wheeler Vehicles, the Service Provider, also serving as a driver (whether under their ownership or not), is accountable for all loss or damages arising from the Vehicle. This includes claims, demands, charges, expenses, show cause notices, detentions, litigation, objections, etc., raised by third parties, family or related members, appropriate authorities, police functionaries, etc. The Service Provider undertakes to indemnify FASTEST DELIVERY from all such claims throughout the term of this Agreement.
FEES AND TAXES
In consideration of the performance of the Services in accordance with the terms of this Agreement, the Service Provider shall be entitled to receive the Fees, subject to deduction of applicable Taxes.
The financial terms applicable to the Vehicle will be communicated periodically on the FASTEST DELIVERY notice board at the City Office and/or Branch Location.
The Fees related to trip fare calculations will be determined through the GPS device provided.
The one-time non-refundable joining fees for all vehicle types will be specified.
All payments owed to the Service Provider will be made through a crossed pay order cheque in favor of the Service Provider’s name or through mutually agreed-upon methods like net banking, NEFT, RTGS, etc.
The Service Provider hereby authorizes FASTEST DELIVERY to collect payments for the Services and to transfer such payments to the designated account as provided and consented to by the Service Provider. FASTEST DELIVERY disclaims all liabilities arising from obligations under this clause, as these actions will be performed with the prior and voluntary consent of the Service Provider.
The Service Provider agrees that in the event of any Tax proceedings initiated against FASTEST DELIVERY , they will fully cooperate by furnishing relevant information related to the supply provided to FASTEST DELIVERY in a timely manner, as required by FASTEST DELIVERY . Additionally, the Service Provider shall indemnify FASTEST DELIVERY for all damages and other costs incurred due to any fault of the Service Provider.
The Fees payable to the Service Provider are exclusive of all applicable central, state, and other Taxes at the time of executing this Agreement. The Service Provider shall bear sole responsibility for paying Taxes or any other applicable taxes related to the provision of Services to FASTEST DELIVERY .
APPLICABILITY AND VALIDITY
This document constitutes an electronic record in accordance with the provisions of the Information Technology Act, 2000, and the rules framed thereunder, as applicable. It also aligns with the regulations concerning electronic records in various statutes, as amended by the Information Technology Act, 2000.
Being generated by a computer system, this electronic record does not necessitate any physical or digital signatures.
Your acceptance serves as valid consent, binding you to this Agreement for utilizing with the purpose of receiving and delivering Vendor Services.
TERM AND TERMINATION –
1. The Agreement will commence from the Effective Date and remain in effect for a duration of 1 (one) year, unless terminated by FASTEST DELIVERY.
The Agreement will undergo automatic renewal unless terminated in accordance with its terms.
FASTEST DELIVERY retains the right to suspend or terminate this Agreement at any time, without providing any reason or notice to the Service Provider.
Termination of this Agreement will not prejudice the rights and obligations acquired by FASTEST DELIVERY on the termination date, including the right to take action related to the circumstances leading to termination. Such termination will not impact any other rights and remedies available to FASTEST DELIVERY.
SERVICE PROVIDER'S TERMS AND CONDITIONS FOR VEHICLE MAKE OF 2 WHEELERS
The Service Provider acknowledges and agrees that the Vehicle chosen for providing Services shall:
Operate in compliance with all applicable laws.
Be properly registered, insured, and licensed according to the law for passenger
transportation, shared mobility, and/or transportation/delivery services.
Require the driver to wear a helmet during operation.
Keep the vehicle engine turned on while providing Services, except upon reaching the
origin and/or destination.
Maintain a proper speed limit as prescribed by the Government Authority.
Be suitable for performing the Services.
Be maintained in good operating condition, consistent with industry safety and
maintenance standards, and in a clean and sanitary condition, meeting additional
standards or requirements in the applicable Branch Location.
The Service Provider, whether or not the owner of the Vehicle, is responsible for all
losses or damages arising from the Vehicle, including claims, charges, expenses, legal actions, and objections raised by third parties, authorities, or any related entities. The Service Provider indemnifies FASTEST DELIVERY against such claims during the term of this Agreement and provides necessary documents as outlined in Annexure A for Vehicle ownership details.
The Service Provider commits to being available for Services upon request through the FASTEST DELIVERY Platform. The Service Provider may use a personal Vehicle or acquire one from a third party (“Service Provider Vehicle”) for Services, with all associated expenses borne solely by the Service Provider. FASTEST DELIVERY does not provide any Vehicles, and the Service Provider is responsible for all accidental claims, insurance, tolls, acquisition, and maintenance expenses related to the Service Provider Vehicle.
The Service Provider must ensure the Service Provider Vehicle is well-maintained, in good condition, and complies with safety standards, bearing all exclusive expenses related to the Vehicle. The Service Provider must possess a valid driving license and registration for the Service Provider Vehicle, complying with the Applicable Law throughout the Agreement.
A valid and adequate insurance coverage for the Service Provider Vehicle is mandatory, with the Service Provider responsible for premium payments. FASTEST DELIVERY disclaims liability for any insurance payments.
During Service provision, the Service Provider must adhere to safety, driving rules, and Applicable Laws. Fraudulent activities may result in termination of the Agreement, withholding payouts, and deduction of undue gains.
The Service Provider shall not tamper with Users’ consignments and agrees to indemnify FASTEST DELIVERY for losses resulting from tampering. The Service Provider must protect FASTEST DELIVERY ‘s goodwill and reputation, comply with Applicable Laws, and maintain confidentiality of procured information.
Engaging in illegal activities or violating Applicable Laws while logged into the FASTEST DELIVERY Platform is prohibited. The Service Provider is not entitled to claim reimbursement for hospitalization bills during the Agreement.
The Service Provider shall not commit acts such as violations of terms, misuse of the portal, misbehavior, criminal offenses, negligence, fraud, or unauthorized disclosure.
SERVICE PROVIDER'S TERMS AND CONDITIONS FOR VEHICLE MAKE OF 3 WHEELERS AND 4 WHEELERS
The Service Provider acknowledges and agrees that the Vehicle used for providing Services shall:
Operate in compliance with all applicable laws.
Be properly registered, insured, and licensed to operate as a passenger transportation,
shared mobility, and/or delivery Vehicle, following legal requirements.
Require the driver to wear a seat belt while driving.
Keep pollution certifications up to date.
Maintain the specified speed limit as prescribed by the Government Authority.
Check and ensure, before departure, that the Vehicle, under the Service Provider’s
responsibility, is loaded with consignments in sealed containers/packages. The Service Provider must affix their sign and seal as verification. In case of seal/lock cutting incidents leading to loss or damage, the Service Provider must report it to the nearest police station through lodging a First Information Report (FIR) and promptly provide copies of the FIR and related photographs to FASTEST DELIVERY . The Service Provider is solely responsible for all consequent losses and damages, including incidental expenses such as Police Station Expenses and FASTEST DELIVERY representative’s traveling expenses.
Be suitable for performing the Services.
Be maintained in good operating condition, consistent with industry safety and
maintenance standards for its type, additional standards or requirements in the applicable
Branch Location, and in a clean and sanitary condition.
The Service Provider, regardless of ownership, is responsible for all loss or damages
arising from the Vehicle, including claims, charges, expenses, legal actions, and objections raised by third parties, family members, authorities, or police. The Service Provider shall indemnify FASTEST DELIVERY against such claims and provide necessary documents as outlined in Annexure A for Vehicle owner details.
Make themselves available for Services upon request through the FASTEST DELIVERY Platform.
The Service Provider may use their personal Vehicle or acquire one from a third party (“Service Provider Vehicle”) for providing Services. No Vehicle shall be provided by FASTEST DELIVERY , and the Service Provider is solely responsible for all associated expenses, including accidental claims, insurance, tolls, acquisition, and maintenance expenses.
Ensure the Service Provider Vehicle is well-maintained to avoid delays in rendering Services.
Bear all exclusive expenses incurred in maintaining, running, and riding the Service Provider Vehicle.
Possess a valid driving license and a valid registration number for the Service Provider Vehicle, complying with the Applicable Law throughout the Agreement. Copies of the driving license, registration certificate, and any other Service Provider Information shall be provided to FASTEST DELIVERY before commencing Services or as deemed appropriate by FASTEST DELIVERY .
Have valid and adequate insurance coverage for the Service Provider Vehicle, ensuring the insurance is valid and up to date throughout the Agreement. The Service Provider shall provide a copy of the insurance policy to FASTEST DELIVERY , and all premium payments shall be exclusively made by the Service Provider. FASTEST DELIVERY disclaims liability for any insurance payments.
Conduct themselves with honesty, discipline, and in accordance with FASTEST DELIVERY ‘s policies and instructions, including safety and driving rules as per Applicable Laws.
Not commit fraud while providing Services or engage in any act or omission for undue advantage. FASTEST DELIVERY reserves the right to disable the Service Provider from undertaking Services, withhold payouts, or deduct undue gains for fraudulent activities.
Not tamper, damage, or open Users’ consignments without specific permission. FASTEST DELIVERY has the right to recover any loss resulting from such actions from payments due to the Service Provider under the Agreement.
Acknowledge that the goodwill and reputation of FASTEST DELIVERY depend on the effective and efficient rendering of Services. The Service Provider undertakes not to act
adversely affecting FASTEST DELIVERY , comply with Applicable Law, and protect
FASTEST DELIVERY ‘s brand image, business reputation, and assets.
While logged into the FASTEST DELIVERY Platform, the Service Provider shall not
engage in illegal activities or actions contrary to Applicable Law.
Keep all Confidential Information confidential and use it only for the limited permitted
purposes of rendering Services.
Not claim reimbursement for hospitalization bills incurred while rendering Services or
by family members during the Agreement.
Refrain from acts such as violation of terms, misuse of the portal, misbehavior, criminal
offenses, negligence, fraud, unauthorized disclosure, misuse of assets, and non-
compliance with rules and guidelines specified by FASTEST DELIVERY .
Accept that FASTEST DELIVERY may terminate the Agreement if background checks, wholly or partially, are found negative at any point during the term of these Terms and
Conditions.
FORCE MAJEURE EVENT
A “Force Majeure Event” refers to any circumstance beyond a Party’s reasonable control, including, but not limited to:
Acts of God, such as floods, droughts, earthquakes, or other natural disasters.
Epidemics or pandemics.
Terrorist attacks, civil wars, civil commotions, or riots; war or the threat of war;
armed conflict; imposition of sanctions, embargoes, or breaking off diplomatic
relations.
Nuclear, chemical, or biological contamination or sonic booms.
Any law or action taken by a Governmental Authority or public authority, including,
but not limited to, the imposition of export or import restrictions, quotas, or
prohibitions, or the failure to grant a necessary license or consent.
Collapse of buildings, fire, explosion, or accidents.
Labor or trade disputes, strikes, industrial action, or lockouts (except by the Party
seeking to rely on this clause or companies in the same group as that Party).
Non-performance by suppliers or subcontractors (except by companies in the same group as the Party seeking to rely on this clause).
Interruption or failure of utility service.
EFFECT OF A FORCE MAJEURE EVENT:
Upon compliance with this clause, if a Party is unable to perform its obligations under this Agreement due to a Force Majeure Event (“Affected Party”), the Affected Party will not be considered in breach of the Agreement or otherwise liable for the failure or delay. The time for performance of the affected obligations shall be extended accordingly. The corresponding obligations of the other Party will be suspended, and their time for performance extended to the same extent as those of the Affected Party.
OBLIGATIONS OF AN AFFECTED PARTY:
The Affected Party shall:
Notify the other Party in writing of the Force Majeure Event as soon as reasonably practicable after its commencement but no later than three days from its start. The notification should include details of the Force Majeure Event, the start date, potential duration, and its impact on the ability to perform obligations under the Agreement.
Use all reasonable endeavors to mitigate the impact of the Force Majeure Event on the performance of its obligations.
RIGHT TO TERMINATE IN CASE OF A FORCE MAJEURE EVENT:
Without prejudice to the clause on Term and Termination, if the Force Majeure Event continues to prevent, hinder, or delay the Affected Party’s performance for more than three consecutive days, the Party unaffected by the Force Majeure Event may terminate this Agreement by providing written notice to the Affected Party.
RELATIONSHIP
The relationship between the parties is that of independent contractors and/or workers. No provision in this Agreement shall be interpreted as establishing a partnership, joint venture, employer-employee, agency, or any other relationship between the Parties. The Service Provider does not have the right to exert control over FASTEST DELIVERY ‘s fulfillment of its obligations under this Agreement, and FASTEST DELIVERY does not possess, and will not represent having, any right or authority to bind the Service Provider. FASTEST DELIVERY does not assume or create any obligation or responsibility, whether express or implied, on behalf of the Service Provider.
The Service Provider affirms that all individuals assigned by the Service Provider (not through transfer) to carry out Services under this Agreement will be employees or contractors of the Service Provider or its affiliates. Under no circumstances shall such individuals be considered employees of FASTEST DELIVERY .
INDEMNIFICATION
The Service Provider shall indemnify FASTEST DELIVERY against any and all liabilities, losses, charges, and expenses (including legal fees and costs on a full indemnity basis), general claims, demands, actions, and proceedings that FASTEST DELIVERY may directly or indirectly incur or sustain due to any breach by the Service Provider of its obligations under this Agreement. This includes any breach of the Service Provider’s representations and warranties, or any reason, or legal action related to the provision or proposed provision of services by the Service Provider. The Service Provider is required to promptly pay all such sums upon written demand by FASTEST DELIVERY .
In addition to other provisions in this Agreement, the Service Provider shall be held liable to FASTEST DELIVERY for indirect, special, or consequential damages arising out of or in connection with the provision of Services under this Agreement.
The Service Provider acknowledges that in the event of any loss or damage to FASTEST DELIVERY , occurring from the time they are entrusted to the Service Provider until the requisite services are delivered to FASTEST DELIVERY , except for Force Majeure, the Service Provider must compensate for the loss, costs, charges, and expenses incurred by FASTEST DELIVERY in accordance with the terms of this Agreement.
The Service Provider is obligated to indemnify FASTEST DELIVERY in accordance with the provisions of this Agreement.
The Service Provider shall bear sole responsibility for all offenses and penalties related to the Services.
INTELLECTUAL PROPERTY RIGHTS
The Parties hereby acknowledge and agree that FASTEST DELIVERY shall retain absolute ownership, possession, and control of all Intellectual Property Rights. The Delivery Partner is solely authorized to utilize such Intellectual Property Rights exclusively for the purpose of providing Delivery Services in accordance with these Delivery Partner Terms and Conditions, as expressly permitted by FASTEST DELIVERY. It is explicitly clarified that no license or rights, whether implied or otherwise, are granted to the Delivery Partner with respect to the Intellectual Property Rights under these Delivery Partner Terms and Conditions.
In the event that the Delivery Partner utilizes the Intellectual Property Rights in a manner that involves licensing, sub-licensing, creating derivative Intellectual Property Rights, or using them outside the scope of Delivery Services specified in these Delivery Partner Terms and Conditions, such actions will constitute a breach of these terms. FASTEST DELIVERY reserves the right to take legal action against the Delivery Partner to seek damages and recover losses suffered or anticipated as a result of such breach, notwithstanding any provisions to the contrary in these Delivery Partner Terms and Conditions.
DISPUTE RESOLUTION
This Agreement will be governed by the laws of India, and the courts in Delhi will have jurisdiction over all disputes arising out of or related to the Agreement.
Any dispute, difference, claim, or counter-claim arising out of, under, or in connection with this Agreement, or any other breach thereof, will be resolved through mutual negotiations between the parties.
If the parties are unable to amicably resolve the dispute, either party may refer the matter to arbitration. The arbitration will be conducted under the supervision of a sole arbitrator appointed by a court of competent jurisdiction. The arbitration proceedings will adhere to the Indian Arbitration & Conciliation Act, 1996, and the rules prescribed therein.
AMENDMENTS
This Agreement may be altered / amended / modified at any point of time by Handover, during the Term of the Agreement and the Delivery Partner shall receive a notification of the same, by way of notification on the mobile application
RELATIONSHIP
The connection between You and FASTEST DELIVERY is one of independent
contractors, operating on a principal-to-principal basis. This Agreement does not establish a partnership, joint venture, employer-employee, agency, or any other form of relationship between the Parties.
You affirm that all individuals assigned by You (not through transfer) to carry out Vendor Services under this Agreement are either your employees or contractors. Under no circumstances shall such individuals be considered as employees/workers of FASTEST DELIVERY.
ENTIRE AGREEMENT
This Agreement, together with the schedules and other documents specifically attached or referred to herein, constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior understandings, promises, representations, agreements, and negotiations between the parties, oral or written. No amendment or modification of this Agreement shall be binding unless made in writing and duly signed by both parties.
