The terms of use governs the access or use of the Uncle Delivery Application by the UD Partner
(‘You’ or ‘Your’ or ‘Yourself’) through our website www.uncle-delivery.com and mobile
application (collectively “Platform”) owned and operated by Uncle Delivery Express Private
Limited a company with its registered office at 1138, First floor, 17th Cross Road, Sector 7, HSR
Layout, Bengaluru, Karnataka - 560102 (“Uncle Delivery”). The Platform connects you, the UD
Partner with the users, businesses or merchants registered on the Platform to avail the Uncle
Delivery Services.
You shall read and understand the terms of use carefully before using the Platform or its
services. You shall comply with all the terms of use and any violation of such terms shall lead to
consequences.
You have the right and authority to enter into these Terms or on behalf of any organization to
bind such organization to these Terms. These Terms whether stated or otherwise referenced
herein set forth rights and obligations and constitute a legal binding agreement between you and
Uncle Delivery governing your access or use of the Platform.
IF YOU DO NOT AGREE TO ANY OF THESE TERMS OR TO BE BOUND BY THESE
TERMS, PLEASE DO NOT ACCESS OR USE THE PLATFORM OR THE SERVICES.
PLEASE READ THE “DISCLAIMER” AND “INDEMNIFICATION” CAREFULLY. THESE
PROVISIONS LIMIT OUR LIABILITY TO YOU.
As long as you comply with these Terms of Use, We grant You a personal, non-exclusive, non-
transferable, limited privilege to enter and use our Platforms and services.
1. DEFINITIONS
The following definitions apply to the terms and conditions set out below that govern this
contract of Carriage between you and us:
1.1. “Services” means the technology-based services provided by Uncle Delivery which
enable the following:
I. the hiring of vehicles by Customers for a point-to-point service, or for time and usage-
based service within city limits and outside the city limits, including inter-city all over
India, through the internet and / or mobile telecommunications devices; and
II. such other services which Uncle Delivery may from time to time add.
1.2. “Dangerous Goods” means goods classified as dangerous as per Technical Instructions
by International Civil Aviation Organization (ICAO) , Dangerous Goods Regulations by
International Air Transport Association (IATA) , International Code for Maritime transport
of Dangerous Goods (IMDG Code), Agreement concerning the International Carriage of
Dangerous Goods by Road (ADR) or other national regulations for transport.
1.3. "Prohibited Items" means any goods or materials, the Carriage of which is prohibited by
Applicable Law.“Delivery” means the tender of the consignment to the consignee or
intimation about the arrival of the consignment.
1.4. “Applicable Law” means all laws, statutes, ordinance, regulations, guidelines, policies,
rules, bye-laws, notifications, directions, directives and orders or other governmental
restrictions or any similar form of decision of, or determination by, or any interpretation,
administration and other pronouncements having the effect of law of the Republic of India or
any other applicable jurisdiction by state, municipality, court, tribunal, government, ministry,
department, commission, arbitrator or board or such other body which has the force of law in
India.
2. REGISTRATION
2.1. In order to avail the services of the Platform, you are required to register with a UD
Partner Account on the Platform. For Registration, you will be required to provide your
personal information, such as your name, photo, contact information, Aadhar details, Driving
Licenses, Permits, etc. in accordance with the Uncle Delivery’s Privacy Policy. Once your
registration is successfully completed with Uncle Delivery, you will be provided with a UD
Partner Account, accessible with a password of your choice.
2.2. The details entered by you shall be accurate, valid and updated and the Platform shall not
be liable for any false, incomplete, old or incorrect registration information provided by you.
2.3. If any personal information provided is changed or modified, you shall update such
information on your account and inform the Platform. You acknowledge and accept that
Uncle Delivery has not independently verified any information provided by you.
2.4. You shall acquire and update compatible hardware or devices necessary to access or use
the Platform and avail its services. Uncle Delivery reserves the right to terminate the use of
the Services should you be using the Service in an incompatible or unauthorized device or
that the security of your UD Partner Account has been compromised in any way or for any
reason we may find just.
2.5. While using the Services you agree to:
II.5.1. only access the Services using procedure explicitly authorized by Uncle Delivery;
II.5.2. use the Platform and Services provided solely, for your personal use and will not be
resold to any third party;
II.5.3. not authorise others to use your UD Partner Account;
II.5.4. open only a single UD Partner Account;
II.5.5. transferring of your UD Partner Account to any other person or legal entity is not
permitted;
II.5.6. you cannot use another person’s account without appropriate authorization;
II.5.7. the Services cannot be used for unlawful purposes, including but not limited to (i)
violation of Applicable Law; (ii) storing or sending any unlawful and inappropriate
material; (iii) sharing of sensitive personal information of others, without their consent
(iv) causing intentional harm, nuisance, inconvenience or annoyance; (v) impairing or
harming the proper operation of the Services; (vi) exhibiting the tenor of impersonating
another person; or (vii) copying or distributing the Services without the permission of
Uncle Delivery;
II.5.8. your password or any identification credentials that Uncle Delivery provides to you
should be secure and confidential;
II.5.9. submit Identity proof or other documents immediately, if requested by Uncle Delivery;
compliance with all the Applicable Law is a must while using the Services.
II.5.10. not use any "deep-link", "page-scrape", "robot", "spider" 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 Platform or any content, or in any
way reproduce or circumvent the navigational structure or presentation of the Platform or
any content, to obtain or attempt to obtain any materials, documents or information
through any means not purposely made available through the Platform. Uncle Delivery
reserves the right to bar any such activity;
II.5.11. not attempt to interfere with or compromise the system integrity or security or decipher
any transmissions to or from the servers running the Platform;
II.5.12. not collect or harvest any personally identifiable information, including account names,
from the Platform; and
II.5.13. not engage in threatening, harassing, discriminatory (based on race, gender, age,
disability, or any other protected classification) or any other behaviour that Uncle
Delivery deems inappropriate when using the Services.
3. Description of Services
3.1. The Platform connects You, who provides transportation and logistics services, with the
users of the Platform requiring the transportation and logistics support. The Platform/ Uncle
Delivery only provides neutral, independent and third-party matching services to you and
Users.
3.2. You affirm and acknowledge that your relationship with Uncle Delivery is independent, not
employer and employee relationship. Additionally, no joint venture, partnership,
employment, or agency relationship exists between UD Partners and Uncle Delivery as a
result of this Terms or use of the Platform. The Shipment Delivery provided by you shall
not be deemed to be provided by Uncle Delivery.
3.3. Uncle Delivery shall not be held responsible for the acts or omissions by you, and any
liability in relation to the Shipment Delivery shall be borne by the UD Partner.
3.4. You agree and acknowledge that the decision to wear a uniform or use Uncle Delivery
signage, sticker or identification badge does not lead to an inference of you being an
employee of the Uncle Delivery. Further, Uncle Delivery does not compel or force you to
wear such uniform or use Uncle Delivery signage, sticker or identification badge.
4. SOFTWARE USE
While using the uncle Delivery Software (“Platform”), you agree:
4.1. not to rent, lease, sub-license, distribute or transfer copies of the Software or the license
to any third parties;
4.2. not to probe, scan or test the vulnerability of the Platform or any network connected to
the Platform nor breach the security or authentication measures on the Platform or any
network connected to the Platform;
4.3. not to modify, adapt, reverse engineer, decompile, disassemble, translate the Software or
create derivative works based on the Software;
4.4. not interrupt the normal operation of the Software, or use any methods to export or
modify the source code of the Software;
4.5. not to upload or send out any kinds of computer viruses, worms, trojans, or malicious
codes;
4.6. not to install and/or execute the Software on any device other than the mobile device
running the operating systems approved by Uncle Delivery; and
4.7. no other license or right is hereby granted to you except to use the Software and the
ownership of the Software and all other rights are hereby expressly reserved by Uncle
Delivery and its suppliers.
5. PAYMENT
5.1.Uncle Delivery retains the right to suspend the processing of any transaction where it
reasonably believes that the transaction may be fraudulent, illegal or involves any criminal
activity or where you and/or the User have breached any of the terms in this Terms. In such
an event, you shall not hold Uncle Delivery liable for any withholding of, delay in,
suspension, forfeiture or cancellation of, any payment(s) to you.
5.2 Uncle Delivery reserves the Right of Refund of the wallet balance (as per RBI PPI Guideline Policy), Users are Not allowed to Refund their wallet balance unless there is a proven discrepancy in the service delivery or breach of T&C, in such cases the User may send the Refund Request in writing with a valid proof of non / partial delivery of the ordered service(s).
The said Order receipts/ wallet balances are purely considered as "An Advance Against Services"
6. INDEMNIFICATION
6.1. You agree to defend, indemnify and hold harmless Uncle Delivery, as well as its past and
present successors, assigns, affiliates, officers, owners, employees, and agents (“Uncle
Delivery Indemnitee”) from any and all losses, actual or threatened suits, actions,
proceedings (at law or in equity), claims, damages, claims for payment, deficiencies, fines,
judgments, settlements, liabilities, costs, and expenses (including reasonable attorneys' fees,
costs, penalties, interest, and disbursements) arising from or incurred in connection with
claims asserted by a third party against a Uncle Delivery Indemnitee arising directly or
indirectly from, or as a result of or in connection with your (i) breach of this Terms; (ii)
conduct with respect to the Platform, Services, and/or Shipment Delivery; (iii) violation or
alleged violation of any law or the rights of any third party, including, without limitation,
other UD Partners, Users, drivers, employees, subcontractors, assigns, and pedestrians; (iv)
disclosure of “Confidential Information”; (v) ownership, use or operation of any vehicle
used in the Shipment Delivery; (vi) failure to have proper insurance, licenses, permits or
authorizations; (vii) any damages or losses as a result of your work and/or conduct, and/or
your work with third parties and/or Users, including, but not limited to, damages to
shipments; (viii) wrongdoing, violation of policy, violation of law or other misconduct and
(ix) failure or alleged failure to pay all required taxes, withholding, insurance contributions
or premiums. Under your duty to defend, Uncle Delivery shall be entitled to use its own
counsel.
6.2. You agree to perform Shipment Delivery in compliance with all Applicable Laws and shall
defend, indemnify and hold harmless Uncle Delivery for any violation or alleged violation
by you of any such laws. Uncle Delivery reserves the right to lock-out, suspend or terminate
your access to the Platform for any violation of these Terms or any other conduct deemed
inappropriate by Uncle Delivery. In any unlikely event, if your status as an independent
contractor is challenged and you are determined by a court, agency or arbitrator not to be an
independent contractor, your agree to defend, indemnify and hold harmless Uncle Delivery
from all costs, penalties, back taxes, damages and attorney’s fees associated with such a
determination. Under your duty to defend, Uncle Delivery shall be entitled to use its own
counsel.
6.3. This indemnification clause shall survive as your responsibility even after the termination of
your access from the Platform, in respect of the shipments you delivered.
7. FORCE MAJEURE
You agree and acknowledge that you shall not hold Uncle Delivery liable for any issues beyond
Uncle Delivery’s direct control, including any acts of God, loss of power, disruption of power,
shutdown or technical difficulties with the Platform, system maintenance, failure of other cellular
reception, failure of other service providers, cancellation of services by other third-parties,
pandemic, epidemics, outbreaks, the COVID 19 pandemic, strikes, labor disputes, civil
disturbances, hostilities, war, natural disasters, flood, fire, sabotage, accident, loss or destruction
of property, intervention by governmental entities, change in laws, regulations or orders, or other
events or circumstances or causes beyond Uncle Delivery’s direct control.
8. DISCLAIMERS
8.1. The Services are provided "as is" and “as available”. Uncle Delivery makes no
representation, warranty, or guarantee regarding the reliability, timeliness, quality,
suitability, or availability of the Services, Software, Application, Platform or that the
Services will be uninterrupted or error-free.
8.2. Uncle Delivery 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 the Services, and any
service or good requested in connection therewith, remains solely with you, to the maximum
extent permitted under Applicable Law.
8.3. Uncle Delivery prohibits Users from using the Services for delivery of the Prohibited
Items/Dangerous Goods, in respect of which the Company
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 Prohibited Items,
regardless of any other contributory cause or event.
8.4. Uncle Delivery states that our Services are only available to persons who can create legally
binding contracts under the law. To use our Services as a User, you must be 18 years old.
8.5. Uncle Delivery does not control, manage or direct any third party providers. Third party
providers are not actual agents, apparent agents, ostensible agents, or employees of Uncle
Delivery. You agree and acknowledge to take all reasonable precautions in regard to the
interactions encountered with the third parties while using the Platform or its services.
8.6. Uncle Delivery does not control, endorse or take responsibility for any UD Partner Content
or third party content available on the Platform or linked to by the Services. Uncle Delivery
does not represent or warrant that the services or servers are free of viruses or other harmful
components.
8.7. Uncle Delivery reserves the right at its sole discretion to block or remove (in whole or in
part) any UD Partner Content posted or transmitted by you and which Uncle Delivery
believes is not in accordance with these Terms (including materials which infringe or may
infringe third party intellectual property rights, rights of privacy or personality rights), or is
otherwise unacceptable to us.
8.8. Uncle Delivery expressly disclaims all liability for any act or omission by you, any User,
Merchant or other third party.
8.9. In case of any discrepancy between the English version and any regional language version,
the English version prevails.
9. INTELLECTUAL PROPERTY RIGHTS
9.1. interest, including all intellectual property rights, of the Platform and its contents. The
Platform contents means design, layout, text, images, graphics, sound, video etc. These
Terms do not constitute a sale and do not convey to you any rights of ownership in or
related to the Platform and its contents, or any intellectual property rights owned by Uncle
Delivery. Company names, logos, and the product names associated with the Platform and
the Services are trademarks and intellectual Property of Uncle Delivery or third parties.
Therefore, no right or license is granted to anyone to use them. You agree that you will not
remove, alter or obscure any copyright, trademark, service mark or other proprietary rights
notices incorporated in or accompanying the Platform, its contents and the Services.
9.2. By providing content, information or materials (“UD Partner Content”) to Uncle Delivery,
you grant Uncle Delivery 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
UD Partner Content in all formats and distribution channels now known or hereafter
devised, without further notice to or consent from you, and without the requirement of
payment to you or any other person or entity.
9.3. You acknowledge that Uncle Delivery only acts as a passive channel for the distribution of
the UD Partner Content and is not responsible or liable to you or to any third party for the
content or accuracy of the UD Partner Content. Uncle Delivery shall not be continuously
monitoring UD Partner’s published content, nor shall Uncle Delivery be under an
obligation to do so. Without limiting the foregoing, you acknowledge and agree that any
remarks, opinions, comments, suggestions and other information expressed or included in
the UD Partner Content do not necessarily represent those of Uncle Delivery.
9.4. Any use by you of the UD Partner Content is entirely at your own risk. You represent and
warrant that any UD Partner Content posted or transmitted by you is original to you and
does not copy the work of any third party or otherwise infringe any third party intellectual
property rights, rights of privacy or personality rights and does not contain any defamatory
or disparaging statements. Furthermore, you represent and warrant that you have the
capacity to grant the license as stipulated in this paragraph.
9.5. You agree to keep Uncle Delivery, its affiliates and licensors indemnified against all costs,
expenses, damages, losses and liabilities incurred or suffered by Uncle Delivery or its
affiliated companies related to any UD Partner Content posted or transmitted by you or
your other use of the website, the Service or the Platform.
9.6. Uncle Delivery respects your rights to your ideas, please do not submit any confidential
ideas, information, or suggestions in any form to Uncle Delivery or any of its affiliates. For
any ideas, information, or suggestions you do submit, regardless of what your
communication regarding your submissions says, you understand that your submissions are
voluntary and the following terms shall apply to your submissions: (i) your submissions
and their contents will automatically become the property of Uncle Delivery, without any
compensation to you; (ii) Uncle Delivery has no obligation to review your submissions;
(iii) Uncle Delivery may implement and distribute any portion of your submissions and
their contents for any purpose in any way, without any compensation to you; and (iv)
Uncle Delivery has no obligation to keep your submissions confidential.
9.7. You may use information on the Platform purposely made available by Uncle Delivery for
downloading from the Platform, provided that you:
9.7.1. do not remove any proprietary notice language in all copies of such documents and make
no modifications to the information.
9.7.2. use such information only for your personal, or non-commercial informational or
academic purpose and do not copy or post such information on any networked computer
or broadcast it in any media; and
9.7.3. do not make any additional representations or warranties relating to such information.
9.8. You shall not use any content for any purpose that are not expressly permitted by the Uncle
Delivery App as the act of infringement may invite legal action. Also, Uncle Delivery app
reserve the right to terminate the account of a user(s) upon any infringement of intellectual
property right held by the app.
10. GOVERNING LAW AND DISPUTE RESOLUTION
10.1. Except as otherwise set forth in these Terms, these Terms shall be exclusively governed
by and construed in accordance with the laws of India. The courts of [Bengaluru] shall
have exclusive jurisdiction over any disputes, differences or claims arising out of or in
connection with these Terms of Service or any Services provided by us pursuant to these
Terms of Service.
10.2. Any dispute, controversy or claim arising out of or relating to these Terms, or the breach,
termination or invalidity thereof, shall be settled firstly by mediation in accordance with
the appropriate law as decided between the parties.
10.3. If the dispute is not settled by mediation within 30 days of the appointment of the
mediator, or such further period as the parties shall agree in writing, the dispute shall be
referred to arbitration under the Arbitration and Conciliation Act, 1996. The Parties shall
appoint one or more Arbitrators in accordance with the Arbitration and Conciliation Act,
1996. The language to be used in the arbitration shall be English. The seat of the
Arbitration shall be Bengaluru.
11. MISCELLANEOUS
11.1. You may not transfer or assign these Terms or any rights or licenses granted hereunder,
but Uncle Delivery may do so without restriction. Any attempted transfer or assignment
in violation of this provision shall be null and void. These Terms bind and benefit each
party, as well as the party's successors and permitted assigns.
11.2. Captions in these Terms are for convenience only and do not limit, amplify, modify, or
otherwise affect these terms and provisions.
11.3. For the mutual benefit of both Uncle Delivery and all UD Partners including you, from
time to time, Uncle Delivery on your behalf may offer promotions to some or all Users
that may have the effect of Users paying you a lower amount than would otherwise have
been the case, and where a promotion applies, you agree to provide Shipment Delivery to
the Users at the lower amount. Where a promotion applies and where applicable Uncle
Delivery will reduce the value of its fees by an amount equal to the value of the
promotions.
11.4. For the mutual benefit of both Uncle Delivery and all UD Partners, including you, Uncle
Delivery may from time to time offer promotions to some or all Users. Such promotions
may result in Users paying you a lower amount than would otherwise be the case, and
where a promotion applies, you agree to provide Shipment Delivery to the Users at the
lower amount. When a promotion applies and is applicable, Uncle Delivery will reduce
the value of its fees by the amount of the promotions.
11.5. You may correspond with, purchase goods and/or services from, or participate in
promotions of third-party service providers, advertisers, or sponsors displaying their
goods and/or services through the Platform while using or accessing the Platform. Any
such activity, as well as any associated terms, conditions, warranties, or representations,
is solely between you and the applicable third-party. Uncle Delivery and its licensors
accept no liability, obligation, or responsibility for any correspondence, purchase,
transaction, or promotion entered into between you and any such third-party. Uncle
Delivery accepts no responsibility or liability for any agreements you enter into with such
third-party providers.
11.6. Any provision of these Terms that is prohibited or unenforceable in any jurisdiction shall
be ineffective to the extent of such prohibition or unenforceability, without invalidating
the remaining provisions hereof or their application to other facts and circumstances, and
any such prohibition or unenforceability in any jurisdiction shall not invalidate or render
unenforceable such provision.
11.7. Uncle Delivery's or your failure to insist on strict performance of the terms of this Terms
or to exercise any option herein in any instance shall not be construed as a waiver or
relinquishment of such term or option, and such term or option shall continue in full
force and effect.
11.8. Uncle Delivery may discontinue providing the Services at any time or impose restrictions
on their use, whether specifically to UD Partners or generally. Uncle Delivery's other
rights and remedies will not be affected by the termination. The provisions of these
Terms will continue to apply even if services are terminated. This provision does not
grant Uncle Delivery the right to terminate UD Partner's ability to contact Users on its
own or to provide Shipment Deliveries to Users; it only grants Uncle Delivery the right
to terminate UD Partner's use of the Platform.
11.9. Uncle Delivery will make every effort for smooth functioning of the app/website.
However, Uncle Delivery takes no responsibility and will not be liable, if the portal gets
temporarily unavailable due to technical issues beyond its control. Also, the Uncle
Delivery shall not be held liable for any loss arising directly or indirectly from loss of
data due to technical issue in the app/website.