- USER TERMS
- MERCHANT TERMS
For purpose of this Agreement the terms “we”, “us” or “our”, refer to the Company, Site and App, used interchangeably. When you use the service available on the Site or the App, you consent to our collection, use, and disclosure of information about you as described in this Agreement.
This Agreement is effective from 2/21/2020 and continues until revoked by the Company.
1‘User’ shall have the same meaning as defined under Section 2 (1) (j) of the Information Technology (Intermediaries Guidelines Rules, 2011). Per the said Rules, user means any person who accesses or avails any computer recourse of intermediary for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the computer recourses of an intermediary.
All users, visitors and service provides agree that they have read this document and agrees to be bound by them for as long as they continue to either use the Site or avail Services of the Company.
1. YOUR PRIVACY IS IMPORTANT TO US
1.1 Your privacy is important to you and to us. We’ll protect the information you share with us. To protect your privacy, the Site follows different principles in accordance with worldwide practices for customer privacy and data protection.
1.2 We at the Company are committed to respecting your online privacy and recognize your need for appropriate protection and management of any personally identifiable information (“Personal Information”) you share with us. For purpose of this Policy, Personal Information means any information that may be used to identify an individual, including, but not limited to, a first and last name, a home or other physical address and an email address or other contact information, whether at work or home. In general, you can visit the Site’s web pages without telling us who you are or revealing any Personal Information about yourself. If however, Personal Information is revealed to us, we won’t sell or give away any content of your Personal Information to anyone except people who may be involved in the delivery of Service.
2. INFORMATION WE COLLECT AND HOW WE USE IT
2.1 When you visit the Site or use our Service, we collect and store information about you, your computer or mobile device and your activities. This information may include, but is not limited to:
2.2.1 Your computer’s IP address; technical information about your computer or mobile device (such as type of device, web browser or operating system).
2.2.2 Your mobile device’s unique ID number (when available), your mobile device’s geographic location (specific geographic location if you’ve enabled collection of that information, or general geographic location automatically).
2.2.3 Your provided full name, email address, zip code and other information you may provide with your account, such as your gender and birth date. You may optionally provide us with this information through third party sign-in services such as Facebook and Google Plus. In such cases, we fetch and store whatever information is made available to us by you through these sign-in services.
2.2.4 How long you visited our service and which features you used.
2.2.5 We gather information from members and guests who apply for the various Services that our site offers. It includes, but may not be limited to, email address, first name, last name, a user-specified password, e-mail Id, mailing address, zip code and telephone number or fax number. We collect information primarily to ensure that we are able to fulfill your requirements and to deliver personalized experience.
3.1 To register as a member of the Site, you must be of sound mind. By using this Site, you represent and warrant that you have the right, authority, and legal capacity to enter into this Agreement and that you are not prohibited or prevented by any applicable law for the time being in force or any order or decree or injunction from any court, tribunal or any such competent authority restraining you from availing our Services. You also agree to abide by all of the terms and conditions of this Agreement. If at any time the Company is of the opinion (in its sole discretion) or has any reason to believe that you are not eligible to become a member or that you have made any misrepresentation about your eligibility, the Company reserves the right to forthwith terminate your subscription and / or your right to use the Service, without any refund to you, for any of your unutilized subscription fee, if any.
3.2 User and Service Provider represents that they are not minors (16 or above) and are not persons with any criminal record nor barred by the government from receiving any services under any law in India. User and service provider agree to the following:
• Provide accurate, current, true and complete information about them while registering on our Website or App.
• Maintain and promptly update your profile and registration data to keep it accurate, true, current and complete.
3.3 Under an event of information being found incomplete, false or inaccurate, we reserve the right to delete, terminate or deactivate your account without any notification or intimation and refuse any current or future use of our Website and/or App.
3.4 When you register on our Website and/or App, you will be required to choose a username and a password. You are responsible for maintaining the confidentiality of your password and account information. You must immediately notify us of any unauthorized use of password or account or any other security breach.
3.5 You are liable for maintaining the confidentiality of any login information associated with any account you use to access the Services or resources, and thus you are also responsible for all activities that occur on your account. You will be solely responsible for any consequences, losses, or damages that the Company may directly or indirectly incur or suffer due to any illegal or unauthorized activities conducted by you or person engaged by you.
4. PROPRIETARY RIGHTS AND TRADEMARKS
4.1 The Site contains copyright material, trademark and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. All proprietary material displayed on the Site or provided on demand, is copyrighted as a collective work either owned by the Company or licensed from a third party.
4.2 The Company owns copyright in the selection, coordination, arrangement and enhancement of such proprietary material. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit the content, in whole or in part. User may download copyrighted material for user’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of the Company. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
5. DISCLAIMER AND LIABILITY
5.1 User and service provider expressly agree that use of Services is at their sole risk. Neither the Company its affiliates nor any of its respective employees, agents, service providers, third party agents warrant that the Company’s Services will be uninterrupted, faulty or error free. The Company makes no representations about the accuracy of the information contained in the material provided and graphics on this Website for any purpose. The Company hereby disclaims all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for any particular purpose, title and non-infringement. In no event, shall the Company be liable to any party for any direct, indirect, special or other consequential damages for any use of the Services, the information, or on any other hyperlinked web site, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if the Company is expressly advised of the possibility of such damages. The Company is not responsible for any incorrect or inaccurate content provided to the user or service provider whether on the Site or otherwise. The user and service provider must use its discretion before availing Services of the Company.
5.2 User and service providers agree and assure to not hold the Company, its employees, agents, directors, officer bearers, managers, investors, donors, and licensors responsible, for and against all losses, whether financial, intellectual, mental, physical (including misuse of debit / credit card and online banking facilities) or otherwise, expenses, damages and costs, including reasonable attorneys’ fees, resulting from use of the Site or Services. Despite regular controls the Company is not liable for any mishap or misuse of financial or personal information of the service provider. We reserve the right to be indemnified for the above mentioned. In such event, user shall provide us with such cooperation as is reasonably requested by us.
5.3 The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and Subscribers or to any other person’s computer related to or resulting and/or in connection with the Company’s service. The Company expressly disclaims any liability or responsibility whatsoever and howsoever arising as a result of any content of study material made available to subscribers.
5.4 The Company does not warrant or guarantee that the information contained on the Site is accurate or complete, and hereby disclaims any and all liability to any person for any loss or damage caused by errors or omission, whether such errors or omissions result from negligence, accident or any other cause. Before availing Services, user discretion is advised. The Company further assumes no liability for the interpretation and/or use of the information contained on this Site, nor does it offer a warranty of any kind, either expressed or implied. Also, we do not guarantee that the use of our Services, resources and/or information provided on the Site will meet your needs or requirements. We do not also guarantee that the information obtained by using our Services will be accurate.
5.5 The Company makes no commitment to update the information or materials on this Website which, as a result, may be out of date. Neither us, nor our officers, directors, employees, agents or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information provided by us. The Company reserves the right to revise these terms at any time. User is responsible for reviewing this page from time to time to ensure compliance with the then current terms and legal restrictions because they will be binding upon them.
5.6 Force majeure: the Company will not be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the Company within a maximum of fifteen (15) days from its occurrence. The performance of this Agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this Agreement.
6.1 User and service provider shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of Website and all charges related thereto shall be borne by the concerned parties.
6.2 The Company will not be liable and you agree not to claim for any direct, indirect, incidental, exemplary or consequential loss or damages which may be incurred by user or service provider as a result of using our Services, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent, and that in such conditions limitation of liability laws and clause apply.
7. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
7.1 Users expressly agree that use of the Website / App is being used at his / her sole risk. Neither us nor our affiliates, employees, directors, partners, agents, third party content providers or licensors warrant that the Website / App will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of Website / App, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the Website / App.
7.2 The Website / App is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement.
7.3 Notice of liability: despite regular controls we are not liable for any negligence at our hands, should one occur. The said user is himself fully responsible for his / her respective usage.. Please contact us if you notice pages with illegal or immoral content. The legal information in this Agreement also applies to our social media outlets, such as Facebook, Google+, Twitter, LinkedIn and the like.
7.4 This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. User specifically acknowledges that we are not liable for defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with user.
7.5 In no event will we or any person or entity involved in creating the Website and Mobile Application be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use Website / App. User hereby acknowledges that the provisions of this section shall apply to all content on the Site and our Mobile Application.
7.6 In addition to the terms set forth above neither we nor our affiliates, suppliers or vendors shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of the information contained within the Website / App, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising there from or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
7.7 This User Agreement template is not legal advice and by using them you agree to this disclaimer. The content of this document is for informational purposes only and does not constitute advertising, a solicitation or legal advice. Its recommended that you should take independent legal advice before publishing this agreement on your site or mobile application. You should read the information with care and modify, delete or add all and any areas as necessary. Use of, access to or transmission of such materials and information or any of the links contained herein is not intended to create, and receipt thereof does not constitute formation of, an attorney-client relationship between us and the user. The information contained is provided only as general information and may or may not reflect the most current legal developments; accordingly, information is not promised or guaranteed to be correct or complete. We expressly disclaim all liability in respect to any actions taken or not taken based on any or all of the contents of this content.
7.8 Disclaimer of Content: Every effort has been made to ensure that the information contained in this Site / App is accurate and true. The content of the Site / App is believed to be correct at the time of compilation. However, the Company makes no representations or warranties about the content and suitability of the information contained herein for any purpose. The Company, its servants, agents and employees disclaim all liability for the accuracy, completeness, or usefulness of any information, apparatus, products or process disclosed and for any error or omission therein.
8.1 You acknowledge and agree that Your geo-location information is required for You to avail the company services and initiate transactions on the Platform. You acknowledge and hereby consent to the monitoring and tracking of Your geo-location information. In addition, company may share Your geo-location information with Delivery Partners and Merchants (as the case maybe).
9.1 You may view, download and copy information and materials available on this Website solely for your personal, non-commercial use. Even though the Company does everything in its hand to protect both your information and financial transaction details, the Site is not liable for any fraud, theft or financial misdemeanor that may occur as a result of your financial transactions on out Site.
10. DELIVERY RESTRICTION
10.1 Company on its best effort basis will provide delivery service "Across Pune" city as per the defined Serviceable Boundary Limits for Pune City as per company's definition. User ackwledges and accepts that some areas may not be covered by the comapny to provide delivery service and the user at any point will not held the company accountable for not providing service in user's area/locality. We do not (and cannot) provide any guaranteed availablity of Kwyk platform in all the areas in the Pune city.
By using Kwyk platforms (app, website and others) you confirm, accept and ackwledge that you are aware that "ACROSS PUNE" delivery is within the serviceable boundary defines at this link:
This serviceable boundaries may be increased or reduced at sole descrition of company as per business requirement.
10.2 Delivery Partners are either independent service providers or affiliated with our third party delivery service provider, and as such, they as an individual or the service provider as a company or affiliate reserve the right to accept or refuse to accept any item for delivery at their sole discretion. Any item that are restricted or illegal or you do not have required license or permission to sell or deliver may not be sold to Buyer(s)/User(s).
11. MEMBER ACCOUNT, PASSWORD, AND SECURITY
11.1 Since the Services require user and service provider to open an account, you must complete the registration process by providing the Company with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss that user may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Company or another party due to someone else using user’s account or password.
12. PAYMENT SECURITY
12.1 The Site has taken strong measures to protect the security of your personal information and to ensure that your choices for its intended use are honoured. We take strong precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. You also have a significant role in protecting your information. No one can see or edit your personal information without knowing your user name and password, so do not share these with others.
12.2 Since this is an intermediary and an ‘information only site’, we do not guarantee your e-commerce transactions to be entirely safe and secure. When you place orders through our website or online payment gateway service providers (“OPGSPs”), listed on the Site, you must ensure that you agree to the terms and conditions of the said OPGSPs agreement. The Company shall not be liable should there be a discrepancy in refund, loss or misuse of credit card details, hacking of sensitive monetary information.
13.1 All comments, feedback, information or materials submitted to the Company through or in association with our Website shall be considered non-confidential and Company’s property. By submitting such comments, information, feedback, or materials to us, you agree to a no-charge assignment to the Company of worldwide rights to use, copy, modify, display and distribute the submissions. The Company may use such comments, information or materials in any way it chooses in an unrestricted basis. Users are welcome to provide candid feedback to us.
When you visit our Site, we may place “cookies” on your computer to recognize you. We do this to store your preferences, collect statistical data and track your use of our Service. Cookies are widely used, and most web browsers are configured initially to accept cookies automatically. If you prefer not to accept cookies, you may adjust and configure your browser settings accordingly. However, if you turn off cookies, or refuse to accept a request to place a cookie, some features and services on the Site may not function properly. Ad companies (including but not limited to Google and Facebook) may also place cookies on your computer to track your activities across various sites so that they can display targeted advertisements.
15. GENERAL PROVISIONS AND TERMINATION
15.1 If any provision of this Agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this Agreement and the remaining provisions of this Agreement shall remain in force. This contains the entire agreement between you and the Company concerning your use of the Site.
15.2 You agree that we may, at our sole discretion, permanently or temporarily suspend or terminate your access to all or parts of the Site and Services with or without notice and for any reason, including, without limitation, breach of this User Agreement, and/or any suspected illegal and/or fraudulent or abusive and/or competitive activity may be grounds for terminating your access and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Site will immediately cease.
WHEREAS The Company provides the opportunity to connect Restaurant/Merchant Partners, Delivery Partners, and Consumers. Consumer’s use Company’s platforms to place orders with Restaurant/Merchant Partners. The Company either through its platform(s) or by other communication methods notifies Restaurant/Merchant Partners of the opportunity to provide a service or sell its product(s)/meal(s)/item(s) to the consumer. The Company is not a restaurant, food delivery service, or food preparation business. The Company is a platform that acts as an aggregator connecting and assisting in the facilitation of hassle free transaction from the Restaurant/Merchant Partners to the Consumer via Delivery Partners.
WHEREAS the Restaurant/Merchant Partner is engaged in the production/preparation/sourcing/stocking and/or sale of food and beverages and/or grocery, vegetable and/or fruits and is interested to collaborate with the Company to use its platform(s) and services to get more orders from its platform(s) and to deliver customer’s orders (received through the Company’s platform and directly to Restaurant/Merchant) in the city of operation (“City”) under applicable delivery restrictions within the City.
IN WITNESS WHEREOF, all users, visitors and service providers agree that they have read this document and agrees to be bound by them for as long as they continue to either use the Site or avail Services of the Company.
1. Terms Structure
- Our Terms shall consist of this Agreement, together with the Ter the addenda (individually, an “Annexure”) addressing areas of collaboration agreed to by both of us (this Agreement and any and all such Addenda are collectively the “Terms”). In connection with each Annexure, we will designate those actions, responsibilities and services to be respectively provided by each of us. In the event of a conflict, the terms contained in an Annexure will supersede conflicting terms contained in these Terms.
2. Projects / Work / Services
- All parties accept and agree to participate on Kwyk platform(s) and work and provide service(s) in good faith with each other on any or all projects / work / service as mutually agreed by parties involved, in relation to each “Meal” or “Item(s) including but not limited to cooked/semi-cooked/frozen food or packaged food or food and beverages or any grocery item(s) or any fresh produce and/or beverages the Restaurant/Merchant lists and make available to customers via Kwyk platform(s). Each project / work / service will be detailed with specific information and agreements in Annexures. All and any such new project / work /service whether permanent or temporary or seasonal in nature and with limited or unlimited time period will be undertaken or commenced or initiated only after mutual agreement and addition of required Annexure.
3. Menu, search and availability
- 3.1 The listed Item(s) or Meal(s) managed by the Restaurant/Merchant are made visible by the Restaurant/Merchant on the Kwyk platform(s). The availability of Meal(s)/item(s) will be during the Restaurant’s/Merchant’s normal business hours as set or selected by the Restaurant/Merchant. The customers (the “Buyer(s)” or “Kwyk Platform User(s)” or User(s)”) may select Meal(s)/Item(s) from the listing(s) or displayed menu or product list or search term(s) on the Kwyk platform(s).
- 3.2 Price: Restaurant/Merchant acknowledges and agrees to ensure that they will maintain price parity of their products offered for sale on the platform as against their other sales channels including self-operated retail locations. Restaurant/Merchant acknowledges and agrees that the price mentioned on Kwyk platform(s) are decided and updated by them at their sole discretion and the company does not play any part in setting the prices. Partner is obligated update any change in price on Kwyk platform(s) and agree to sale the listed. You are responsible for determining and setting the retail price and availability for each Product(s)/Service(s)/Meal/Item and updating it on Kwyk platform(s) and duly informing Kwyk from time to time, this is also including any discount(s)/Offer(s)/Promotion(s) from time to time. Product(s)/service(s)/Meals/Items to the buyer or customer or user as per price listed on Kwyk platform(s) in all cases.
- 3.3 Product(s)/Service(s)/Meal(s)/Item(s): The Restaurant/Merchant is fully responsible for quality, safety and delivery of the Product(s)/service(s)/Meals/Items and you shall follow and adhere to all applicable regulations, restriction and laws in relation to the complete process of procurement, preparation, provision, packaging and delivery of the Product(s)/Service(s)/Meal(s)/Item(s). You as a Partner will determine the quantity, quality, unit size, portion, size, ingredient, combinations or other criteria is a per any applicable laws and regulations related to the Product(s)/Service(s)/Meal(s)/Item(s) (“Criteria”) and you are solely responsible for ensuring that the Product(s)/Service(s)/Meal(s)/Item(s) meet any such criteria or requirement when they are listed and made available on Kwyk platform(s) or delivered via Kwyk Delivery Partner. In the event of failing to adhere to the Criteria for any Product(s)/Service(s)/Meal(s)/Item(s), Kwyk is under no obligation to make such non-compliant or Substandard Product(s)/Service(s)/Meal(s)/Item(s) available for sale on Kwyk platform(s).
- 3.4 Taxes: You shall be the “seller or “retailer” or “service provider” or “food business operator” of all Product(s)/Service(s)/Meal(s)/Item(s) for the purpose of any “Indirect Tax” (such as value added tax, sales tax, service tax, goods and services tax) and you are the responsible party for collection and remittance of applicable “Indirect Tax”. For the sake of clarity, the Retail Price for each Product(s)/Service(s)/Meal(s)/Item(s) shall include any applicable “Indirect Tax”. The Partner undertakes that all applicable taxes on Product(s)/Service(s)/Meal(s)/Item(s) would be deposited by the Partner with the relevant government treasury/department within stipulated or set timelines. Each party shall be responsible for its costs and expenses during the performance of their responsibilities under this Terms, except as may be expressly agreed by both parties in this Terms or Annexure.
- 3.5 Product/Service/Meal/Item availability and/or Inventory: You maintain title and ownership of the inventory of all Product(s)/Service(s)/Meal(s)/Item(s) until each Product(s)/Service(s)/Meal(s)/Item(s) is delivered to a User or Buyer. You are responsible for the inventory and maintenance costs of all Product(s)/Service(s)/Meal(s)/Item(s). Whenever a Buyer or a User wants to purchase or avail Product(s)/Service(s)/Meal(s)/Item(s) as listed/showcased on Kwyk platform(s), the company will take all best possible steps and means to notify the Restaurant/Merchant Partner of the available details and specifications and particulars of the order as is received from the Buyer or User. After receiving an order request from a User or Kwyk, the Restaurant/Merchant Partner shall keep the Product(s)/Service(s)/Meal(s)/Item(s) ready ordered by the User. In any event if the particulars and specifications provided in customer order are insufficient for you to process any order, you must seek further information as required.
- 3.6 Notwithstanding these Terms, Kwyk reserves the right to temporarily suspend or disable or discontinue partner listing or any particular or all Product(s)/Service(s)/Meal(s)/Item(s) or permanently terminate with immediate effect for non-compliance or material breach by the Restaurant/Merchant Partner which includes, but is not limited to, the following instances or scenarios:
- 3.6.1 Any document(s) or license(s) provided by you are proved or appears to be false or forged or expired; or
- 3.6.2 Breach of the provisions of the Food Safety and Standards Act, 2006 and the rules and regulations, made thereunder; or
- 3.6.3 Breach of the representations and warranties; or
- 3.6.4 User/Buyer complaints that are directly or indirectly attributable to the quality of food or product(s)/service(s)/meal(s)/item(s) provided by you either through poor ratings or direct emails or through calls or any social media platform(s) directly placed with Kwyk or accessible to Kwyk through any other means; or
- 3.6.5 Any other material breach of the Terms.
- 3.6.6 Notwithstanding anything contained under this Terms, Kwyk has the right to immediately delist any of the food products from its platform(s), which is not in compliance with the Food Safety and Standards Act, 2006 or the rules or regulations, made thereunder.
3.7 In the event Buyer(s)/User(s) have either refused to pay for or have claimed full or partial refund, for reasons that are attributable to Restaurant/Merchant Partner, including but not limited to, User’s expectations not being met or Buyer/User dissatisfaction in relation to, inter alia, the quality and/or quantity of the Product(s)/Service(s)/Meal(s)/Item(s), undelivered or unfulfilled Product(s)/Service(s)/ Meal(s)/Item(s), discrepancy in the Product(s)/Service(s)/Meal(s)/Item(s) delivered or performed which is not in accordance with the Product/Service/Meal/Item placed and/or those Product(s)/Service(s)/Meal(s)/Item(s) for which User requests for a return or replacement, (“Disputed Orders”), you are responsible for any cost for the same. Any such Buyer(s)/User(s) requests a refund for any Product(s)/Service(s)/Meal(s)/Item(s) (including, without limitation, any costs associated with retrieving or collecting any such Product(s)/Meal(s)/Item(s), if applicable), for reasons that are considered by Kwyk in its sole discretion as reasonable, for (a) request by the Users of refund or (b) acceptance by the Delivery Partner of the request. Kwyk may deduct refunds from the payment made to you under these Terms.
- 3.8 You accept that Kwyk shall not be liable to make any payment for a Disputed Order. Kwyk shall reserve the right to recover from Restaurant/Merchant Partner, the amount paid to Buyer(s)/User(s) as refund upto the order value.
- 3.9 In case of complaints from the User pertaining to food or product efficacy, quality, or any other such issues, Kwyk shall notify the same to the Restaurant/Merchant Partner and shall also redirect the Buyer to the consumer or service call center or direct contact point of the Restaurant/Merchant. Restaurant/Merchant Partner shall sole and alone be liable for redressing and bound to take required remedial action(s) on the complaints by the Buyer/User. Kwyk has the right to share with the Buyer/User, the relevant information including the Restaurant/Merchant details to enable satisfactory resolution of the complaint. Kwyk shall share with the Buyer/User, relevant information pertaining to the order along with Restaurant/Merchant details, in the interest of satisfactory resolution of the complaint.
- 3.10. Service Fee: In consideration for use of the Kwyk’s platform, Kwyk’s customer base and Kwyk’s Delivery Partner network, Kwyk, at its sole discretion may charge any service fee or may wave it off for any duration as promotional rebate. Also, Kwyk, at its sole discretion may charge you a service fee as specifically set forth on each applicable Annexure as well as the Agreement. All fees under these Terms shall be paid in Indian Rupees and are exclusive of any taxes, including Indirect Tax and withholding tax, if applicable.
- 3.11 Kwyk does not guarantee that you will be matched with the Buyer(s)/User(s) or with the Delivery Partner at the time you wish to be matched. Kwyk shall not be liable for any failure to match Buyer(s)/User(s)/Delivery Partner(s). As such it is clarified that Kwyk does not provide any guarantee or promise to provide any or certain number of orders or delivery partner to you unless explicitly, mutually and exclusively agreed in Terms and/or Annexure(s).
4. Delivery and order or service fulfillment
- 4.1 Kwyk platform(s) will be made available to you to view, access real time and historical information in relation to your listing, products, catalogues, order history and other particulars. For the sake of clarity, Kwyk only provides a platform for restaurants/outlets/stores/merchants/vendors/business operators like yours to connect with Delivery Partners for completing the delivery services and payment processing and related information services in connection with the sale of the Product(s)/Service(s)/Meal(s)/Item(s). “Delivery Partner” is defined as an independent contractor who intends to provide on demand delivery services using Kwyk’s proprietary technology platform under license from Kwyk or one of its affiliates or third party delivery service provider. Kwyk will not have any obligation to deliver the Product(s)/Service(s)/Meal(s)/Item(s) as a platform provider. Neither Kwyk nor its affiliates provide any delivery or logistics services and it only provides a platform(s) to Users, Merchants and Delivery Partners to complete hassle free transaction.
- 4.2 For purposes of delivery and fulfillment of the Product(s)/Service(s)/Meal(s)/Item(s) Kwyk and the Delivery Partners shall operate as
- 4.2.1 under cover of any approval, license or permission required to operate your business at the Restaurant/Merchant Outlet and sell the Product(s)/Service(s)/Meal(s)/Item(s) and
- 4.2.2 under your control, as your agent (including but not limited to receipt agent of order charges and based on your instructions, if applicable, apply the order charges collected on your behalf towards disbursal of the fee payable by you to Delivery Partner), and not employee.
- 4.3 For the sake of clarity, you, through the services provided by Delivery Partners, are responsible for the delivery of Product(s)/Service(s)/Meal(s)/Item(s) and you maintain inventory, possession, control and care of the Product(s)/Service(s)/Meal(s)/Item(s)/Order(s) at all times. As a Restaurant/Merchant Partner you shall have marketable legal right and title to sell the products or perform the services. You shall not offer any products or services which are illegal, unlawful, expired and in violation of applicable laws, regulations and policies. Kwyk will not be liable for any damage or loss incurred by the Buyer(s)/User(s) in relation to the delivery of the Product(s)/Service(s)/Meal(s)/Item(s)/Order(s) and will follow reasonable guidance you provide regarding the delivery of the Product(s)/Service(s)/Meal(s)/Item(s) /Order(s).
5. Marketing and Promotional Activities
- 5.1 Marketing/advertising: Each party (you and the company) hereby grants permissions to the other party to showcase the availability of the Restaurant/Merchant Partner on Kwyk platform(s) and its Product(s)/Service(s)/Meal(s)/Item(s) via the Kwyk platform(s) or otherwise through various marketing or advertising or promotional activities (e.g., respective social media channels, websites, blogs, promotional pamphlets, advertising banners, hoardings, ads or any print or digital material), as mutually agreed.
- 5.2 Marks/symbols/names: Each party hereby grants to the other party (and, in the case of Kwyk, to its affiliates) a non-exclusive, non-transferable and limited license during the Term to use such party’s respective Marks, on a royalty-free basis, for the sole purpose of performing the promotional activities. This is subject to the terms and conditions of this Terms. For purposes of this Terms, the term “Marks” will mean the logos, slogans, taglines, trademarks, trade names, service marks, copyrights, and other identifying symbols or icons of the applicable party. Goodwill resulted and related to the use of such marks by any party shall inure to the benefit of the owner of such marks. Neither party shall be deemed to grant the other party any right or license under any intellectual property or other proprietary rights; except as expressly set forth herein.
- 5.3 Publicity or PR: Except as may be expressly set forth in this Terms or an applicable Annexure, neither party may issue a press release or otherwise refer to the other party in any manner with respect to this Terms or otherwise, without the prior written consent of such other party.
- 5.4 Data and Information Privacy: The term “Personal Data” is defined as any information obtained in relation with this Terms
- 5.4.1 that can reasonably be used to identify or authenticate an individual. This is including but not limited to contact information, precise location, name and identifiers; and
- 5.4.2 relating to an identified or identifiable natural/living/non-living person;
- 5.4.3 any information that may otherwise be considered “personal information” or “personal data” under the applicable law or regulations.
- 5.4.4 Restaurant/Merchant Partner accepts and agrees to use, store, retain, disclose, or otherwise process Personal Information or Personal Data solely for the purpose of performing the work/services contemplated and defined in this Terms and Annexure(s). Restaurant/Merchant Partner shall maintain the integrity and accuracy of any Personal Information or Personal Data provided by Kwyk in its control, possession or custody. Restaurant/Merchant agrees to retain Personal Information and Personal Data provided to Restaurant/Merchant Partner by Kwyk solely by using the software and tools provided by Kwyk and its affiliates.
6. Confidential Information
- 6.1 The Parties understand and acknowledge that, whether in the course of performance of this Agreement or otherwise, it will receive or become aware of Confidential Information of the other Party.
- 6.2 The Parties agree that it shall use the Confidential Information of the Disclosure only as follows:
- 6.2.1. to use such Confidential Information only in relation to the Agreement;
- 6.2.2. not to disclose any such Confidential Information or any part thereof to a person outside the Recipient's business organization for any purposes unless expressly authorized by the Disclosure;
- 6.2.3. to limit dissemination of such Confidential Information to persons within the Recipient's business organization who are directly involved in the performance of this Agreement and have a need to use such Confidential Information;
- 6.2.4. to safeguard the Confidential Information to the same extent that it safeguards its own confidential materials or data.
- 6.3 The Parties hereby agree that "Confidential Information" shall include, but not be limited to, proprietary and copyrightable information and technology, information relating to Discloser’s product research and development plans, product strategy, software, formulae, discoveries and trade secrets, as well as Discloser’s business and strategic plans, pricing, financial and statistical information, accounting information, login credentials and admin/advertiser/editor access to social media accounts and any information designated confidential and proprietary, as well as any compilation or summary of data that contains the Confidential Information.
- 6.3.1. The Confidential Information disclosed by the Discloser to the Recipient in connection with the Purpose, may be disclosed in oral, written, graphic, or electronic form, and if in written or tangible form, will be clearly marked or labeled "Confidential" (or with a similar legend).
- 6.3.2. The Recipient shall ensure that any copy, in whole or in part, of the Confidential Information made by it shall have affixed thereto Discloser’s proprietary, copyright and trade secret notice in such manner and location as to give reasonable notice of the proprietary, copyright and trade secret rights of Discloser.
- 6.3.3. Recipient acknowledges that the Confidential Information has tangible value, contains valuable trade secrets, copyrights, sensitive technical and business information of Discloser.
- 6.3.4. Recipient shall have no right to print or copy the Confidential Information, in whole or in part, except as authorized herein. All such copies shall be and shall remain the property of Discloser, to be returned to Discloser by Recipient upon written request and/or termination of Recipient’s right to examine and use the Confidential Information.
- 6.3.5. Nothing in this Agreement, nor any disclosure of Confidential Information, shall grant any express or implied right to or waiver by either party of their respective proprietary interests, including without limitation, patents, copyrights, trademarks or trade secrets.
- 6.4 The Recipient shall immediately upon becoming aware of any unauthorized disclosure, give notice to the Disclosure of such unauthorized disclosure, misuse, theft or other loss of Confidential Information, whether inadvertently or otherwise.
- 6.5 The Recipient shall not have direct business engagement with the Customer (with whom Discloser is doing the business) for a period of 2 years and for whose engagement the Recipient’s services were being utilized. In circumstances that the end customer directly approaches the Recipient, then the Recipient agrees to inform the Discloser immediately. The Discloser shall acknowledge this information and shall take necessary action. In circumstances that the Recipient directly starts working with the Customer, then this incident shall be considered as breach of trust and the Discloser has the right to apply to the court of competent jurisdiction for an order restraining such action or misappropriation and for such other relief as Discloser shall deem appropriate.
- 6.6 This Agreement shall continue in full force and effect for a period of Two (02) years from the date of disclosure. The termination of this Agreement shall not release the Recipient from the obligations hereunder with respect to Confidential Information disclosed prior to termination.
- 6.7 This Agreement and the Recipient’s obligations hereunder shall be binding on the representatives, assigns, and successors of the Recipient and shall inure to the benefit of the assigns and successors of Discloser.
- 6.8 The Recipient understands and acknowledges that any disclosure or misappropriation of any of the Confidential Information in violation of this Agreement may cause Discloser irreparable harm, the amount of which may be difficult to ascertain and, therefore, agrees that Discloser shall have the right to apply to a court of competent jurisdiction for an order restraining any such further disclosure or misappropriation and for such other relief as Discloser shall deem appropriate.
- 6.9 All Confidential Information (including all copy extracts and portions thereof) shall be and remain the sole property of the Discloser. Neither party acquires (by license or otherwise, whether expressly or impliedly) any intellectual property rights under this Agreement or any disclosure hereunder, except the limited right to use such Confidential Information in accordance with this Agreement. No warranties of any kind, whether express or implied, are given with respect to any Confidential Information or any use thereof, except as may be otherwise agreed to in writing.
- Both parties agree and acknowledge that our relationship is non-exclusive, unless otherwise stated in the terms or Annexure,
8. Representations and Warranties
Each Parties represent and warrant to each other that:
- 8.1 They are duly and legally organized and validly existing in India and that the responsibilities assumed under this Term are legally valid and binding obligations on them and enforceable against them;
- 8.2 They shall comply with or cause to be complied with all legal and valid provisions of statute, law, bye-law, rules, regulations or provisions having the force of law of the central and/or state Governments, municipal corporation, municipality, local body or public authority, order of courts or law, and/or revenue or tax authority in so far as the same relates to the part of their obligations/responsibilities mentioned herein;
- 8.3 They are entitled to execute and implement this Terms in accordance with their terms and all the requisite regulatory and corporate approvals, as applicable have been obtained by them prior to the execution of this Term; and
- 8.4 The performance of their obligations as per this Terms does not and will not violate or conflict in any manner with any of their duty or obligation with any third Party.
- 8.5 The Restaurant/Merchant Partner represents and warrants that the information and details including for the tax registrations provided by you and Indirect tax to be levied on each product/service/meal/item/product listed on Kwyk platform(s) and to be made available for sale via the Kwyk platforms is as per the relevant Annexure, and forms integral part of this Terms. The Restaurant/Merchant further confirms and declares that the information provided in all Annexures and the copies of business registration, business licenses and tax registrations, are updated, valid, true and correct, and the Partner assumes responsibility to intimate Kwyk in case of any change in the provided information. The Restaurant/Merchant also undertakes that all Indirect Tax applied on each Meal/Item/Product and Delivery made available for sale via the Kwyk platform(s) would be deposited with the Government Treasury within stipulated or set timelines time to time.
- 8.6 The Restaurant/Merchant Partner represents and warrants that it will comply with all applicable laws and regulations relevant to perform its responsibility as a part of this Terms including, but not limited to, the Food Safety & Standards Act, 2006 and rules and regulations made thereunder, its engagement of Delivery Partners. The Restaurant/Merchant Partner also warrants that the liability of any violation of the Food Safety and Standards Act, 2006 and applicable rules and regulations made thereunder shall solely be towards the Restaurant/Merchant Partner for all the products/services/meals/items available on Restaurant/Merchant menu/product list and sold to buyer/user/customer via Kwyk platform(s).
- 8.7 Except as set forth herein, each party makes no representations and hereby expressly disclaims all warranties (express or implied) regarding its products or services or purpose of this Terms.
9. Indemnification and Limits of Liability
- 9.1 Each party (the “Indemnifying Party”) agree and undertake to indemnify, defend and hold harmless the other party, its affiliates, successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives or any third party from and against any losses, damages, claims, costs, liability, penalty and expenses (including, without limitation, reasonable attorneys’ fees) (collectively, “Losses”) with respect to any third party claim arising out of or related to the reason of (i) any breach or alleged breach by You of your obligations, performance or observance of your role, functions, responsibilities, representations, or warranties under the Terms (ii) any act or omission that causes or may cause harm to the reputation and goodwill to any party; (iii) any claim of violation of intellectual property of each party or any third party by other party’s usage of Intellectual Property Rights in a manner not permitted under these Terms; (iv) misconduct or unauthorized access or use of the User data on the Kwyk platform(s) or by the transferring of such data to any third party or unauthorized disclosure or use of Confidential Information of Kwyk; (v) the negligence or willful misconduct of the Indemnifying Party and its employees or agents (in your case, excluding Kwyk and Delivery Partners, service providers or affiliates to the extent they are your agents in their performance of this Terms (vi) any misbehavior towards or by the Delivery Partner, Users or Kwyk and its employees (ix) any damage to the Restaurant Partner’s or User’s property or any asset (x) any claims that the Indemnifying Party’s Marks infringe a third party’s intellectual property rights, as long as such Marks have been used in the manner approved by the Indemnifying Party; (xi) any claims that the Indemnifying Party breached its representations and warranties in this Terms; or (xii) any breach and/or non-compliance with applicable data protection laws. In addition, you will indemnify, defend and hold harmless the Kwyk Indemnified Parties from and against any and all Losses with respect to any third-party claim arising out of or related to any harm resulting from your violation or alleged violation of any applicable retail food or other health and safety code, rule or regulation, except to the extent such harm was directly caused by the gross negligence or willful misconduct of Kwyk or its employees, agents or Delivery Partners or affiliates or third party delivery service provider.
- 9.2 Each Party “Indemnified Party” shall provide prompt and timely notice to the Indemnifying Party of any potential claim subject to indemnification hereunder. The Indemnifying Party will assume the defense of the claim through counsel designated by it and reasonably acceptable to the Indemnified Party. The Indemnifying Party will not settle or compromise any claim, without written consent of the Indemnified Party, which will not be unreasonably withheld. The Indemnified Party will reasonably cooperate with the Indemnifying Party in the defense of a claim, at Indemnifying Party’s expense.
10. Term and Termination
- Either Kwyk or the Restaurant/Merchant Partner can terminate this contract providing 15 days’ prior written notice to the other. Kwyk shall delist the Restaurant/Merchant Partner at the end of the 15th Day. Upon termination in accordance with the terms hereof, Restaurant/Merchant Partner shall only be required to service Product(s)/Service(s)/ Meal(s)/Item(s) /Product(s)/ Order(s) already placed through Kwyk platform(s) prior to such expiry or earlier termination of these Terms, and Kwyk shall be entitled to receive Service Fee for such Product(s)/Service(s)/ Meal(s)/Item(s) /Product(s)/ Order(s) as applicable/agreed as a part of this Term and/or Annexures.
11. Relationship of the parties
- It is agreed and understood that under this Terms nothing shall be construed as creating the relationship of joint venture or partnership or employee – employer or master - servant, or any other relationship of any kind whatsoever between the Parties or between the parties and its respective contractors / employees / affiliates / service providers.
12. No Waiver
- It is agreed and understood that under this Terms no failure or delay by any Party in exercising any right, power or remedy provided by law or under these Terms shall operate as a waiver thereof or affect that power, remedy or right. No waiver by any Party of any breach the other Party of any provision or Terms hereof shall be deemed to be a waiver of any subsequent breach of that or any other provision or Terms hereof.
13. Governing Law
- 13.1 The language to be used in connection with this Agreement shall in all cases be the English language. This Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws rules. The competent courts of Pune, Maharashtra alone shall have jurisdiction to hear the disputes arising out of this Terms.
- 13.2 Recipient shall comply in all respects with all applicable laws, rules, and regulations regarding the export of information to third countries.
- 13.3 Failure to enforce any provision of this Terms shall not constitute a waiver of any terms hereof. In the event that any of the provisions of this Terms shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portions hereof shall remain in full force.
- 13.4 If any action at law or in equity is brought to enforce or interpret the provisions of the Terms, the prevailing party in such action shall be entitled to reasonable attorney’s fees.
- 13.5 Any dispute arising out of or in relation with this Terms, which the Parties are unable to settle amicably or mutually within 30 days, shall be referred to arbitration by a sole arbitrator appointed mutually by both Parties. The Arbitration shall be conducted in accordance with Arbitration and Conciliation Act, 1996 or any statutory re-enactment or modification thereof for the time being in force.
14. Notice and communication
- It is understood and agreed that any and all notices under these Terms shall be sent by registered post with acknowledgment due, trackable courier or email to the address mentioned in Agreement
15. Other Terms
- 15.1. If you notice any discrepancy in the settlement or need any clarity on the settlement report, the you may raise a request by writing an email to support@Kwyk.one and the same will be looked into and mutually resolved by both parties within 15 days from the date on which the request email was received by Kwyk.
- 15.2 It is understood and agreed that any failure or delay any Party in performance of this Terms shall be excused if such failure or delay is a result of or caused by or due to reasons or situations beyond the control of the party including, but not limited to, acts of God, strikes, work stoppage or other labor disturbances, pandemics, decrees or restraints of Government, war or sabotage (collectively referred as “Force Majeure”). In such scenario the affected party will trial its best to promptly notify the other affected party as soon as being aware of any such Force Majeure has occurred or it is likely to occur immediately or in near future and will use reasonable efforts to minimize any resulting failure or delay in performance of its responsibilities and obligations under this Terms.
- 15.3 This Terms shall be in force and binding upon to the benefit of each party hereto and its respective assigns and successors. Each party shall be solely responsible for its contractors, and employees in relation to this Terms.
- 15.4 It is understood and agreed that this Terms and respective Annexures covers and contains the complete and full Terms between both the Parties and supersedes any and all contemporary understandings whether written or oral in relation to this Terms hereof.
- 15.5 It is agreed by both parties that this Terms may be executed by exchange of electronically signed counterparts exchange by hard-copy or transmitted by pdf format on email or any other communication means. Each of this shall be considered and deemed as an original copy and when taken together, shall constitute one and the same original legal instrument for both Parties.
A1. Delivery Restrictions
- Delivery Partners are either independent service providers or affiliated with our third party delivery service provider, and as such, they as an individual or the service provider as a company or affiliate reserve the right to accept or refuse to accept any item for delivery at their sole discretion. Any item that are restricted or illegal or you do not have required license or permission to sell or deliver may not be sold to Buyer(s)/User(s).
- Kwyk's coverage area for deliveries is defined as the Serviceable Boundary for the City of operations. Kwyk plaform users outside this defined Serviceable Boundary may not be able to place order with Kwyk Merchant Partners. The current serviceable area is defined as:
- This serviceable boundaries may be increased or reduced at sole descrition of company as per business requirement.
A2. Reporting and analytics
- Kwyk will give you required access to view all available information regarding the number of orders picked up by Delivery Partners and sold to the Buyer(s)/User(s) pursuant to the “Terms” via Kwyk platform(s). It is required that you shall maintain relevant documents or trackers to keep proof of successful completion of pickup and delivery of product(s) / service(s) / meal(s) / item(s)/ order(s). Without prejudice, Partner shall timely and regularly share such reports and trackers as per the formats specified by the company for any purpose required as per this Terms.
A3. Fees, Payment and Taxes
- A3.1 Service Fee: In consideration for Kwyk’s efforts to build customer base, offer leads, order and payment processing, arranging delivery partners and other related services provided via the Kwyk platform(s) and providing access to company customer base and Delivery Partner network for, Kwyk may charge you a service fee, agreed under the respective Annexure (exclusive of any applicable government taxes, Indirect Taxes and withholding taxes, if any) on Meal/Order Value, as defined under the Annexure as “Service Fee”. The service fee could be in terms of a fixed amount per order or percentage or the order value or periodic subscription fees for continued usage of Kwyk platform(s), lead generation, order processing and all other efforts of Kwyk. Kwyk, at its sole discretion, may wave off the service for any duration as a promotional offer and will have right to change the terms on service fees at required intervals as may be deemed suitable to run the business.
- A3.2 Goods and services tax (“GST”): As applicable by the law Kwyk will collect from Buyer(s)/User(s) on your behalf. All payment collection on your behalf including, but not limited to, order value, delivery charges and applicable taxes would be subject to tax deduction or collection at source in accordance with the applicable GST laws and applicable to e-commerce businesses.
- A3.3. Remittance from Kwyk to Restaurant/Merchant Partner: Kwyk will remit to you the total Product/Service/Meal/Item/Order Payment earned by you (including any Indirect Tax collected on your behalf but reduced by
- A3.3.1 the Service Fee, Delivery Fee, any additional charges levied by Kwyk and applicable tax deduction/ collection at source),
- A3.3.2 less any refunds given to Buyers or Users for reasons attributed to you.
- A3.3.3 less any transaction processing fees/charges from payment/bank gateway charged while collecting total order payment on your behalf or while processing any required refunds
- A3.4 Remittance from Restaurant/Merchant Partner to Kwyk: For orders where the product/service/meal/item/order payment is collected by the Restaurant/Merchant Partner, it will remit to Kwyk the total of
- A3.4.1 Service Fee on the total order value (excluding any applicable government taxes, Indirect Taxes, tax deduction/ collection at source),
- A3.4.2 delivery fees/charges if the delivery is booked by the Restaurant/Merchant Partner on behalf of the customer (excluding any applicable government taxes, Indirect Taxes, and tax deduction/ collection at source).
- A3.5 Revenue resulted from the Product(s)/Service(s)/Meal(s)/Item(s)/Order(s) collected by Kwyk on your behalf from the Buyer/User shall be settled into your bank account as timelines and details shared in the Annexure. Where applicable, the guidelines and timelines of the Reserve Bank of India shall be applicable for the payment settlement. The Restaurant/Merchant Partner understands, acknowledges and agrees to provide accurate documents and information required or as may be asked by the bank or any payment facilitator to add you as a payee or beneficiary of Kwyk. The Partner agrees that for this purpose, information provided by you will be shared with the bank or a payment facilitator as required and sought by the bank or payment facilitator. If due to any reasons Kwyk is unable to settle the payment in the Restaurant/Merchant Partner’s bank account then Kwyk shall issue and handover account payee Bank Cheque with the agreed settlement amount for Restaurant/Merchant Partner to deposit it the bank account, details of which are set forth in Annexure. Same is applicable for all payment settlement to be done by Restaurant/Merchant Partner to Kwyk.
A4. Delivery Management
- A4.1 If the Restaurant/Merchant agrees to deliver order by using their own staff or delivery provider, company may charge applicable service fee to Restaurant/Merchant as platform usage, order transfer and payment processing fees. This fees will be exclusive of any direct/indirect taxes which will be added separately.
- A4.2 The Company will use reasonable efforts to inform the User of the Delivery Charges that may apply to the Buyer/User, provided the User will be responsible for Delivery Charges incurred for User’s order regardless of User’s awareness of such Delivery Charges. The final applicable delivery charges will be as per the actual delivery distance from the Restaurant/Merchant Partner address and not as per what is stated/provided by the user at the time of placing the order in cases where actual delivery address/location differs.
- A4.3 These delivery rates are exclusive of any applicable government taxes, direct or indirect taxes and customer or Restaurant/Merchant depending on the source of the order and payment party for the order). Any third party fees like bank/payment gateway transaction fees levied while accepting payment of total bill amount or delivery fees from the User; shall be either added in the total bill amount or collected separately from the User or should be paid by the Restaurant/Merchant Partner over and above the Service Fees and Delivery Fees.
- A4.4 Kwyk reserves the right to change the Delivery Fee/Fare Calculation charged on any order at any time based upon local market factors, delivery distance, order value, etc. as required to fairly compensate its Delivery Partner’s expense and efforts to deliver the order(s). Kwyk also reserves the right to charge any other fees to orders from customer or Partner Restaurant/Merchant to recover any additional expenses including but not limited to parking fees, toll charges, additional safety packing charges, etc. required to pick and/or deliver the order either directly received on Kwyk platforms or provided by Restaurant/Merchant Partner.
A5. Cancellation Fees
- A5.1 Kwyk is dedicated to providing high-quality customer experience and bringing the best products to our customers. In order to create a positive customer experience, the Order Cancellation Penalty Policy is implemented. Restaurants/Merchants are allowed to dispute these cancellation fees’ within 2 business days after a penalty statement is generated.
- A5.2 Restaurant/Merchant Partner agrees to provide accurate product inventory in the Product Catalog on Kwyk platform(s), in order to prevent cancellations due to running out of inventory. Please update the inventory for your products accordingly to accurately represent your product’s available inventory. As per this, if the entire order or partial order is found to have been cancelled or refunded due to running out of inventory for one or more Product(s)/Service(s)/Meal(s)/Item(s), Kwyk will have right to charge cancellation fees to the Restaurant/Merchant Partner to recover company's expenses and compensate delivery partners’ efforts and expenses.
Details of Restaurant/Merchant Partners as per the the "Agreement".