User Terms of Use

1. Introduction

1.1 Please read this Terms and Conditions (“Terms”) carefully. By using or accessing the information service platform (“Platform”) through our applications (“Application”) or websites to receive services made available by Uncle Delivery Express Private Limited (“Uncle Delivery”), a company with its registered office at 1st Floor, 1138, 5th Main, 17th Cross, Sector-7, HSR Layout, Bengaluru (Bangalore) Urban, Karnataka, 560102, you hereby agree that (i) you have read and understand these Terms; (ii) you will comply with these Terms; (iii) you are at least 18 years old and otherwise legally competent to enter into contracts; (iv) you have the right and authority to enter into these Terms and, if applicable, on behalf of any organization on whose behalf you have enrolled for use of the Platform and to bind such organization to these Terms; and (v) 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 DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE DO NOT ACCESS OR USE THE PLATFORM OR THE SERVICE.

1.2 Uncle Delivery reserves the right to modify these Terms at any time, and such modifications shall become effective upon posting unless Uncle Delivery notifies you otherwise. Your continued access or use of the Platform or Service after any such modifications shall constitute your agreement to be bound by such modifications. It is your responsibility to review the Terms regularly to stay informed. If any modifications are made, Uncle Delivery will notify you by revising the date at the top of the Terms and, in some cases, Uncle Delivery will provide you with additional notice.

1.3 Uncle Delivery provides the services which are meant to connect you and independent third-party delivery partners (“UD Partner”) who provide transportation and/or logistic services. You acknowledge that all the transportation and/or logistic services provided by UD Partner shall not be deemed to be provided by Uncle Delivery. You further acknowledge that Uncle Delivery by itself does not own, employ or provide transportation and/or logistic services or function as a transportation carrier, common carrier or public carrier. In addition, UD Partner shall not represent to be an agent, employee or staff of Uncle Delivery

1.4 In these Terms, the words “you” or “your” refer to all individuals and other persons who access or use the Platform, including, without limitation, any organizations that enroll or otherwise access or use the Platform through their respective representatives or employees (“User”).

2. Your Account

2.1 A personal account (“Account”) with Uncle Delivery registered by you is required in order for you to use the Services. During Account registration, you are obligated to provide your personal information. Our collection and use of personal information in connection with the Platform and Services is as provided in Uncle Delivery’s Privacy Policy located at.

2.2 You agree to provide and maintain accurate, current and complete information and that Uncle Delivery and other members of the public may rely on your information as accurate, current and complete. Uncle Delivery shall not be liable for false, incomplete, old or incorrect registration information provided by you. Your failure to enter or maintain accurate, complete, and valid information may result in your inability to access and use the Services. Uncle Delivery is entitled to verify the information you provided at all times and refuse to use the Services for any reason we may find just without providing reasons and prior notice.

2.3 You are responsible for maintaining the security of your Account, and you are fully responsible for all activities that occur under your Account, whether or not you authorized that activity. You will keep your Account password or any identification credentials Uncle Delivery provides you which allows access to the Service secure and confidential. You must immediately notify Uncle Delivery of any unauthorized uses of your account, or any other breaches of security.

2.4 Uncle Delivery does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the 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 Account has been compromised in any way or for any reason we may find just.

2.5 You acknowledge that the Services or Platform may be restricted/limited based on your resident jurisdiction because of age, in such cases you must abide by the age limits and not use the Services or the Platform.

3. General Representations, Warranties and Undertakings

By using the Services provided by Uncle Delivery you represent, warrant / undertake that:

3.1 You may only register a single Account, and Uncle Delivery reserves the right to deactivate any additional or duplicate Accounts;

3.2 you shall only access the Services using means explicitly authorized by Uncle Delivery;

3.3 you are the sole authorized user of your Account and your Account shall not be resold or authorized to any third party;

3.4 transfer of your Account to any other person or legal entity is not permitted, and you may not use an Account that is subject to any rights of a person other than you without proper authorization;

3.5 compliance with all the Applicable Law while using the Services. In these Terms, “Applicable Law” means applicable India laws, rules, and regulations governing payments and all services provided hereunder, including: any and all foreign laws, treaties, rules, regulations, regulatory guidance, directives, policies, orders or determinations of (or agreements with), and mandatory written direction from (or agreements with) any regulatory authority, as each of the foregoing may be amended and in effect from time to time;

3.6 the Services shall not be used for illegal purposes, including but not limited to (i) violation of Applicable Law; (ii) storing or sending any unlawful 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;

3.7 you shall not discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity or expression, physical or mental disability, medical condition, marital status, age or sexual orientation;

3.8 you shall not use the Platform in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

3.9 you shall not collect or harvest any personally identifiable information from the Platform;

3.10 you shall provide proof of identity or any other documents, permits, licenses or approvals which Uncle Delivery may reasonably request or require and you agree to grant Uncle Delivery the rights to share your information and/or permitted information, with any third party;

3.11 Uncle Delivery holds the right to include/exclude you from promotions, referral programs or loyalty programs;

3.12 you will not engage with the UD Partner outside of the Platform directly or indirectly; and

3.13 while using the software provided by Uncle Deliver (“Software”), you are permitted to install a copy of the Software on your device for your use provided that other than the license to use the Software granted hereof, no other license or right is hereby granted to you and the ownership of the Software and all other rights are hereby expressly reserved by Uncle Delivery and its suppliers, provided further that you shall not:(i)rent, lease, sublicense, distribute or transfer copies of the Software or the license for the use of the Software to any third parties; (ii) use the Software or the Services for any commercial purposes; (iii) 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; (iv) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Platform; (v) 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; (vi) modify, adapt, reverse engineer, decompile, disassemble, translate the Software or create derivative works based on the Software; (vii) interrupt the normal operation of the Software, or use any methods to export or modify the source code of the Software; (viii) upload or send out any kinds of computer viruses, worms, trojans, or malicious codes; or (ix) you shall not install and/or execute the Software on any device other than the mobile device running the operating systems approved by Uncle Delivery.

4. Use of the Services

4.1 Uncle Delivery reserves the right to modify, terminate or suspend the Account, and your use of the Service or the Platform at any time, without prior notice, due to any changes in our internal policy or the Applicable Law or any breach of these Terms by you, or for any necessary reason at Uncle Delivery sole discretion.

4.2 While using the Services provided by UD Partner, you represent, warrant / undertake / acknowledge that:

4.2.1 You shall be either the owners or the authorized agents of the owners of the goods and materials comprising any requested shipments. You have accepted these Terms not only for you but (if applicable) also as agents for and on behalf of the owner of the goods and materials comprising shipments.

4.2.2 Neither the UD Partner nor Uncle Delivery holds title to or acquires any ownership interest in any shipments that your request to be delivered through the Services;

4.2.3 UD Partners will be directed by your instructions to transport the shipments to your designated location. You shall give the UD Partners sufficient, accurate and executable instructions or orders. Any extra costs arising from the difference between your provided information and the actual situation or facts involved shall be borne by you. Any amendment or change to your instructions or orders (and any pricing or cost changes triggered by such amendment or change) must be approved and updated;

4.2.4 In the event that the recipient is found to be absent from the address specified by you and no other instructions have been provided by you, the UD Partner will contact you (at the number provided by you) and attempt to return the shipment back to you. If the UD Partner cannot reach you, the UD Partner has the right to handle the shipment. Any charges for additional handling and further shipment transportation will be borne by you. In this case, Uncle Delivery and UD Partner shall not be liable for the loss or damage to the shipment, except as a result of willful misconduct or gross negligence. Should a re-transportation of item be needed, a new transportation order will be placed and billed;

4.2.5 You shall verify the information of the UD Partner and vehicle and use your own discretion to decide whether or not to accept the services of the UD Partner before the shipment. You shall be deemed to have accepted and accepted all information relating to the shipment provided by the UD Partner, whether or not such information is identical with your order information. After the shipment, you shall not hold Uncle Delivery liable for any inconsistency between any information in the shipment and the order information;

4.2.6 You have complied with all Applicable Laws relating to the nature, condition, packaging, handling, storage and carriage of the goods and materials comprising shipments.

4.2.6.1 You shall not transport (and UD Partners are entitled to refuse transport of) any goods and materials that are prohibited by law (such as alcohol and/or tobacco products, if applicable), perishable substances, and radioactive material.

4.2.6.2 We do not carry, nor perform Services regarding, goods which are in our sole opinion dangerous goods including, but not limited to, those specified in the regulations, guidelines, technical instructions, codes applicable to us and our business or to the transport of, or the performance of Services regarding dangerous goods. We may at our discretion accept some dangerous goods for carriage, or for the performance of other Services, in some locations if you have been accorded the status of an approved customer and this must be given by us in writing before your shipment can be accepted. Your dangerous goods will only be accepted if they comply with the applicable regulations and our requirements. Details of our requirements together with the procedure for applying for approved customer status are available from our nearest office and a dangerous goods surcharge will be invoiced to you upon acceptance of your shipment.

4.2.6.3 We accept shipments only upon your declaration of the type and value of the shipment (“said to contain” basis). We have no responsibility whatsoever as to the correctness of description, type or value thereof and you agree to indemnify us and hold us harmless from any claims that may be brought against us arising out of or relating to such declaration provided by you and any costs we will incur relating thereto.

4.2.6.4 You are liable for any loss or damages (including physical damages, lost revenues, personal injuries, financial damages or losses, or any other loss or damage) suffered by any third party as a result of your breach of these Terms;

4.2.7 UD Partners will not open and inspect shipments nor be responsible for the transportation of special goods without prior agreement from you. Uncle Delivery and UD Partners shall bear no responsibility or any legal liability resulting from the transportation of shipments;

4.2.8 You shall ensure that shipments are adequately packed to protect against damage in the course of transportation, and also that no part of any shipments can be removed without the case, wrapper or container being torn or broken, a seal being broken or two adhesive surfaces being forced apart. In particular, in the case of a shipment of a fragile nature, that shipment shall be packaged in a case or container of sufficient durability and strength and shall be encased in or surrounded by sufficient and suitable protective material inside that case or container such that the shipment is guarded against damage that may result from any force, pressure or blows to which transportation items are ordinarily subject during the course of transportation and that such fragile shipments shall bear specific words indicating its contains fragile items displayed on the face of the case or container and above the address of the named addressee;

4.2.9 Uncle Delivery shall not be responsible to provide a protective service for the transportation of perishable commodities or commodities requiring protection from heat or cold. Such commodities will be accepted for transportation solely at your risk for any damages arising from the transportation;

4.2.10 In the event that some items are lost during the Services, Uncle Delivery will not be responsible for the same in case of loss or damage or theft. By using the Platform and the Services, you agree to accept such risks and agree that Uncle Delivery is not responsible for the acts or omissions of you on the Platform or using the Services; and

4.2.11 UD Partner will not help for loading, unloading, moving, hauling or lifting your shipment unless the Helper Service is requested by you. The Helper Service enables you to arrange and schedule moving services with the UD Partner. Through our Platform, you can submit a request for a UD Partner to pick up the items you specify for loading, unloading, moving, hauling or lifting.By requesting the Helper Service, you warrant that you have accepted and shall comply with all the terms below and Applicable Laws with respect to such requirements:

4.2.11.1 Additional charge will be applied for Helper Service. Related cost is based on the UD Partner’s sole discretion;

4.2.11.2 You acknowledge that Uncle Delivery does not provide moving or function as a moving carrier and you agree that Uncle Delivery has no responsibility or liability to you related to any moving provided to you by the UD Partner through the use of the Helper Service other than as expressly set forth hereof;

4.2.11.3 Uncle Delivery does not guarantee the performance of the UD Partner. By using the Helper Services, you acknowledge that use of the UD Partner arranged or scheduled using the Helper Service is at your own risk and judgment. Uncle Delivery shall not have any liability arising from or in any way related to your transactions or relationship with the UD Partner. Any dispute that you may have regarding the performance of any Services is between you and the applicable UD Partner. Uncle Delivery is not responsible for any loss or damages (including physical damages, lost revenues, personal injuries, financial damages or losses, or any other loss or damage) suffered by you or any third party as a result of a UD Partner’s performance while providing the Helper Service;

4.2.11.4 You represent and warrant that you are either the owners or the authorized agents of the owners of the items and you have all right, title and permission to request and allow the loading, unloading, moving, or lifting of any items, and that the performance of the Helper Service by a UD Partner will not result in the violation of any third party's ownership or privacy rights;

4.2.11.5 The UD Partner will not help wrap items or pack boxes. It is expected that you will have everything properly packed and ready for transport before your UD Partner arrives. The UD Partner also does not offer installation or removal of any appliances. Uncle Delivery and the UD Partner shall not be liable for any loss or damages (including physical damages, lost revenues, personal injuries, financial damages or losses, or any other loss or damage) suffered by you or any third party as a result of improper packing;

4.2.11.6 If you require extra protection for your items or other special requirements, please communicate with the UD Partner in advance. You understand that the UD Partner, at its sole discretion, decides whether to accept such requirements or not. If the UD Partner decides to accept such requirements, additional charge for such requirements may apply at the UD Partner’s sole discretion. You shall give to the UD Partners sufficient, accurate and executable instructions or orders. Any extra costs arising from the difference between your provided information and the actual situation or facts involved shall be borne by you;

4.2.11.7 If you did not select Helper Service while placing your order, it will be left to the UD Partner’s discretion to either continue with the order or kindly ask you to cancel your order. Please be informed that all the above clauses are applicable if the UD Partner decides to continue the order; and 

4.2.12 You shall be responsible for receiving the Eway bill, clearances and invoices for transported goods from UD Partners. You understand that UD has no obligation to provide such documents.

5. Payments

5.1 You are required to make full payment of the charge for the Services provided to you by the UD Partner. Payment of such charge shall be considered the same as payment made directly by you to the UD Partner.

5.2 Payment amounts quoted are in Indian currency. Goods and service tax, as applicable, will be levied on the receipt.

5.3 You acknowledge that the charge for the Services may be subject to price changes at any time, including, without limitation, occasional increases during surge periods.

5.4 All payments are non-refundable unless otherwise stated. Uncle Delivery has the absolute right to revise the prices of any fees, credit packages or credit amount/limits where applicable without giving prior notice. 

5.5 Any application/request for service is subjected to availability of resources. Uncle Delivery reserves the right to refund to you the equivalent sum of amount paid in the event Uncle Delivery for any reason is unable to process the application/request.

5.6 Payment methods:

5.6.1 Cash

If you are paying cash directly to the UD Partner, please confirm with UD Partner the amount to be paid. Uncle Delivery shall not be liable if there is a dispute between you and UD Partner over the amount of cash paid.

5.6.2 Credit Card

Uncle Delivery offers you the facility to make payments through a credit card enabled by Payment Gateways (“PGs”) or a third-party payment processor ("Payment Processor") provided by any of Uncle Delivery affiliates or partners or third parties. You agree and undertake to share relevant payment details including credit/debit card details with the PGs and the Payment Processors for the successful completion of payment towards total price to Uncle Delivery and authorize the PGs and the Payment Processors to complete such transactions. Your authorization will remain in effect as long as you maintain an Account in the Platform. Uncle Delivery shall not be responsible for any issue from payments via credit cards.

5.6.3 E-Wallet

E-Wallet is powered by a Payment Processor. This facility is only allowed for in-App service requests. Uncle Delivery is not responsible for any errors on the Payment Processors end. Uncle Delivery shall not be responsible for any unauthorized use of your E-Wallet during or after availing the Services.

5.7 Uncle Delivery shall process the application/request for top-up only after your payment is cleared by the bank appointed by Uncle Delivery and upon approval by Uncle Delivery.

5.8 Receipt is issued to you when the payment is successful. However, in the event that the payment is not cleared by the bank, the receipt will be considered void.

5.9 Any payment related issue, except when such issue is due to an error or fault of Uncle Delivery, shall be resolved between you and the PGs or Payment Processors. The processing of the credit or payment, as applicable, are subjected to all applicable terms and conditions, privacy policies and other applicable terms of PGs or Payment Processors and your credit card scheme in addition to these terms. Uncle Delivery cannot be held responsible for any issue, error or fault resulted from the PGs or Payment Processors.

6. Communication

6.1 By registering an Account or using the Platform, you agree to receive communications from Uncle Delivery including through email, text message, calls, and push notifications to the device or phone number you provide to Uncle Delivery. 

6.2 You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Uncle Delivery, its affiliated companies and/or third-party contractors, including but not limited to communications concerning orders placed through your registration with respect to the Services, updates concerning new and existing features and communications concerning marketing or promotions run by Uncle Delivery or our third-party contractors.

6.3 You acknowledge that you are not required to consent to receive communications as a condition of using the Platform or the Services. You may opt-out by changing your notification preferences. Please note that opting out may impact your use of the Platform and/or the Services.

7. Intellectual Property

7.1 All right, title and interest, including all related intellectual property rights, in and to the Platform and the Services shall be owned solely by Uncle Delivery (and its licensors, where applicable) absolutely. These Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Platform and the Services, or any intellectual property rights owned by Uncle Delivery.

7.2 All the service marks, company or product names and logos associated with the Platform and the Services are trademarks and/or intellectual property of Uncle Delivery or third parties, and no right or license is granted 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 and the Services.

7.3 You acknowledge and agree that, by providing questions, comments, suggestions, ideas, feedback, materials or other information (“User 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 User 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. Uncle Delivery has no obligation to keep your User Content confidential.

7.4 Uncle Delivery shall not be continuously monitoring User Content published by you or moderating between Users, nor shall Uncle Delivery be under an obligation to do so. You acknowledge that Uncle Delivery only acts as a passive channel for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. 

7.5 Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User 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. 

7.6 Uncle Delivery reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which Uncle Delivery believes is not in accordance with these Terms, or is otherwise unacceptable to us.

7.7 You may use information on the Platform purposely made available by Uncle Delivery for downloading from the Platform, provided that you: (i) do not remove any proprietary notice language in all copies of such documents and make no modifications to the information; (ii) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; and (iii) do not make any additional representations or warranties relating to such information.

7.8 You shall indemnify and 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 User Content posted or transmitted by you or your other use of the Platform or the Services.

8. Third Party Interactions

8.1 While using or accessing the Platform, you may enter into correspondence or transactions with third-party service providers, advertisers or sponsors who display or offer their goods and/or services through the Platform. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. 

8.2 You acknowledge that additional or different terms of use and privacy policies may apply to your use of such third-party services or purchase of goods. Uncle Delivery and its licensors shall have no liability, obligation or responsibility for any such correspondence, transaction or promotion between you and any such third-party. Uncle Delivery has no responsibility or liability arising from any agreements between you and such third-party providers.

9. Intellectual Property Rights

9.1 From time to time, Uncle Delivery, at its sole discretion, may make promotions, referral programs and loyalty programs with different features to any User. These promotions and programs may be valid only for certain Users and are subject to the applicable promotion terms and these Terms. 

9.2 You acknowledge and agree that promotions, programs and gratuitous credits: (i) shall only be used by the intended User, for the intended purpose, and in a lawful manner; (ii) shall not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Uncle Delivery; (iii) shall subject to the specific terms that Uncle Delivery establishes for such promotion or program; (iv) shall not be redeemed for cash or cash equivalent; and (v) are not valid for use after the date indicated in the promotions or program. 

9.3 Uncle Delivery reserves the right to modify or cancel any promotion or program at any time. Furthermore, Uncle Delivery reserves the right to withhold or deduct credits or benefits obtained through a promotion or program in the event that Uncle Delivery determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or these Terms. 

10. Disclaimers

The following disclaimers are made on behalf of Uncle Delivery, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders. 

10.1 The Services are provided "as is" and "as available." Uncle Delivery makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, connectivity, or availability of the Services, Software, Application or Platform. Uncle Delivery does not represent or warrant that the use of the Service, Software, Application or Platform will be secure, uninterrupted, free of errors or other harmful components, or operate in combination with any other hardware, software, system or data.

10.2 You agree that the entire risk arising out of your use of the Platform and Services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under Applicable Law.

10.3 Uncle Delivery does not guarantee the quality, suitability, safety or ability of third-party providers. Uncle Delivery does not control, manage or direct any third-party providers including UD Partner. Any dispute that you may have regarding the performance of any Services is between you and the applicable third-party providers. Third party providers are not actual agents, apparent agents, ostensible agents, or employees of Uncle Delivery.

10.4 Uncle Delivery does not control, endorse or take responsibility for any User Content or third-party content available on or linked to by the Services. Uncle Delivery is not responsible for the use of any personal information that you disclose to other Users on the Platform or through the Services.

11. Limitation of Liability

11.1 Uncle Delivery, including its affiliates, subsidiaries, parents, licensors, successors and assigns, and each of its respective officers, directors, employees, agents, or shareholders, is not responsible and shall not be held liable for: (i) damage/defect/change of item/property from its original state due to substandard packaging; (ii) item/property already damaged/defected/changed before the start of the transportation; (iii) quality of the Services as it is entirely dependent on the UD Partner, who is ultimately providing you the transportation and/or logistic services; (iv) any booking that is not accepted; (v) any loss, damage or injury resulting from the use of or inability to use the Services, including loss, damage or injury caused by wrong usage of the Services, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness; (vi) appropriateness of mobile or email or any other communication medium (You shall be responsible for immediately reporting the errors, if any, occurred in the information sent to you regarding booking confirmation); (vii) any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including profit and loss, whether based on contract, tort, negligence, strict liability or otherwise, even if Uncle Delivery has been advised of the possibility; or (viii) any lost items during the Services, Uncle Delivery will try to locate the items on a "best-effort" basis but is not responsible for any loss or damages of such items.

11.2 Without limiting the foregoing, to the fullest extent permitted by Applicable Law, you understand, agree and acknowledge that, before handing over the shipment for transportation, your shipment shall be insured by a general insurance company operating in India if the shipment or any contents thereof are of the value exceeding INR 25,000. In absence of adequate insurance or in absence of wrong or non-declaration of the shipment details / value, and whether insured or not, the transportation of the shipment shall be entirely at your risk and not ours and we explicitly and specifically disclaim any liability and/or responsibility arising/accruing from the damage / loss / theft / misappropriation or any insurable loss to / of the shipment or any contents of the shipment and you further agree to indemnify us in all those cases where we have suffered loss of reputation / goodwill due to your actions of breaching our Terms.

11.3 Without limiting the foregoing, to the fullest extent permitted by Applicable Law, in no event will Uncle Delivery aggregate liability arising out of or in connection with these Terms or the Services rendered hereunder, whether in contract, tort (including negligence, product liability, or other theory), warranty, or otherwise, exceed the amount of three times the payment of the order or INR 10,000.00 (whichever is less).

12. Indemnity

12.1 By accepting these Terms and using the Platform and the Services, you agree that you shall defend, indemnify and hold Uncle Delivery, including its affiliates, subsidiaries, parents, licensors, successors and assigns, and each of its respective officers, directors, employees, agents, or shareholders, harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) your violation or breach of any term of these Terms or any Applicable Law, whether or not referenced herein; (ii) your violation of any rights of any third party, including UD Partner; (iii) your use or misuse of the Platform and/or Services; or (iv) any allegation that any User Content that you submit to Uncle Delivery or transmit through the Platform or to Uncle Delivery infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

13. Confidentiality

13.1. You agree not to use and maintain in confidence all information and data relating to Uncle Delivery, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of Uncle Delivery or which are otherwise directly or indirectly acquired by you from Uncle Delivery, or any of its affiliate companies, or created in the course of these Terms. You shall ensure that you only use such confidential information in order to use the Platform and the Services, and shall not without Uncle Delivery’s prior written consent, disclose or permit disclosure of any confidential information to any third party

13.2 The confidential information does not include information that: (i) you create independently without reference to, use of or reliance of confidential information (provided that you have evidence in writing that the information falls within this exception); (ii) at the time of disclosure, is public knowledge (otherwise than as a result of a breach of confidentiality by you or any person to whom you has disclosed the information); (iii) became known to you from a source (other than Uncle Delivery) other than by the breach of an obligation of confidentiality owed to Uncle Delivery and you have no reasons to know that such a source is in breach of any confidentiality obligations whether owned directly or indirectly to Uncle Delivery; or (iv) is required to be disclosed by Applicable Law.

14. Assignment

14.1 These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Uncle Delivery without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. These Terms binds and inures to the benefit of each party and the party’s successors and permitted assigns.

15. Severability

15.1 If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms.

16. Governing Law and Dispute Resolution

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of India. Any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or invalidity thereof, shall be settled by arbitration.

17. Language Version

17.1 In case of any discrepancy between the English version and any regional language version, the English version prevails.