Legal · LocalStreet

Delivery Partner Terms of Use

Effective date: Sep 1, 2020

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DELIVERY PARTNER TERMS AND CONDITIONS

This agreement is for delivery partner, so by accepting, you are consenting to be bound by these T& C for using the Local Street Delivery partner App for the purpose of receiving orders and delivering the item to the customer. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE DELIVERY PARTNER T&C BEFORE YOU USE THE SERVICE OF THE LOCAL STREET DELIVERY PARTNER APP, AS YOU SHALL BE BOUND BY ALL THE DELIVERY PARTNER T&C CONTAINED HEREIN upon accepting it. If You do not accept any of the Delivery Partner T&C, please do not use the Local Street delivery partner App or avail any of the services being provided therein. YOUR AGREEMENT TO THE DELIVERY PARTNER T&C SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND LOCAL STREET RETAILTECH PVT LTD known as LOCAL STREET here IN RESPECT OF THE SERVICES OF THE LOCAL STREET DELIVERY PARTNER APP. Your engagement with Local Street to use the services of the Local Street delivery partner App are subject to your acceptance of these Delivery Partner T&C. Local Street reserves the right, at its sole discretion, to change, modify, add or remove these Delivery Partner T&C, in part or in whole, at any time, without prior notice to you. Your continued use of the Local Street Delivery partner App following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Delivery Partner T&C, Local Street grants You a personal, non-exclusive, non-transferable, limited privilege to enter and use the service on the Local Street Delivery partner App.

1. DEFINITIONS

1. "Acceptance" means your affirmative "I Accept" provided at the end of these Delivery Partner T&C, by which action, you unequivocally accept the Delivery Partner T&C and any modifications thereof;

2. "Agreement" shall mean the Delivery Services Availability Agreement executed between Local Street and the Delivery Partner pursuant to which the Delivery Partner has agreed to undertake Delivery Services;

3. "Applicable law" shall mean and include any law, statute, ordinance, rule, regulation, guideline, policy or other pronouncement having the effect of law in India, as in effect or which may come in effect on a future date;

4. "Delivery Partner" or "You" or "Your" or "Yourself" shall mean an individual who has executed Agreement for the provision of Delivery Services;

5. "Delivery Partner Information" shall mean and include any personal data collected from the Delivery Partner including know your customer documents with Delivery Partner’s bank, copies of valid government issued vehicle registration certificate, vehicle insurance copy, driving license, identity proof, residence proof, location data, proof of ownership of Delivery Partner Vehicle and any other information that Local Street may deem fit;

6. "Applicable law" shall mean and include any law, statute, ordinance, rule, regulation, guideline, policy or other pronouncement having the effect of law in India, as in effect or which may come in effect on a future date;

7. "Delivery Partner Vehicle" shall have the meaning assigned to it

8. "Delivery Services" shall mean either or both of the following as the context may require:

a. The services provided by the Delivery Partner to Local Street of making himself available on the Local Street Delivery partner App for the purpose of receiving orders placed by the Users;
b. The delivery services provided by the Delivery Partner to the Users whereby the Delivery Partner collects the item ordered by the Users and delivers the same to the Users.

9. "Intellectual Property Rights" shall mean and include the copyright (whether registered or not), patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs ( both industrial and layout), geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, reproducing rights, domain names, internet address, graphics, artwork, links, information, logos, software, configuration, marketing and distribution material and any other intellectual property right in the website of Local Street, and Local Street Platform, which are used and/or owned by Local Street;

10. "Delivery Manager" shall mean a person designated by Local Street responsible for ensuring all questions and queries of Delivery Partners operating within a defined territorial area are answered as well as providing all necessary operational support that such Delivery Partners may require;

11. "Platform Services" shall have the meaning assigned to it in the Agreement;

12. "Termination Date" shall mean the date on which these Delivery Partner T&C and the Agreement shall stand terminated;

13. "Terms and Conditions" or "Delivery Partner Terms and Conditions" refers to these Delivery Partner Terms and Conditions, which are available on the Local Street App, as may be amended from time to time;

14. "Merchant" or "Shopkeeper" refers to an individual, business, or entity registered on the Local Street platform that sells products or services. The Delivery Partner buys items from the Merchant/Shopkeeper and delivers them to the User.

15. "User" refers to a customer who places an order through the Local Street App

16. "Local Street" or "We" or "Us" or "Our" shall mean Local Street Retailtech Private Limited, a company incorporated under the Companies Act, 1956, and having its registered office at C-1104, Delta tower , Sector 8, Ulwe , Navi Mumbai -410206 which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all our successors, affiliates and assigns;

17. "Local Street Delivery Partner App" shall have the meaning assigned to it in the Agreement. It shall also include for all purposes the mobile interface provided to the Delivery Partner wherein all the back-end technology is incorporated to enable the Delivery Partner to provide Delivery Services as well as enable Local Street, to track the orders and other relevant information;

1. Unless the context of these Delivery Partner T&C otherwise require

i. A word or an expression, which denotes a natural person shall include an artificial person (and vice versa), any one gender shall include the other genders, the singular shall include the plural (and vice versa).
ii. Heading and bold typeface in these Delivery Partner T&C are for convenience only and shall be ignored for the purposes of interpretation. iii. The use of the word “including” followed by a specific example(s) in these Delivery Partner T&C, shall not be construed as limiting the meaning of the general wording preceding it.
iv. The rule of construction, if any, that a contract should be interpreted against the parties responsible for drafting and preparation thereof, shall not apply.
v. Reference to any clause, article, section or schedule shall mean a reference to a clause, article, section or schedule of these Delivery Partner T&C, unless specified otherwise.
vi. Reference to any Applicable Law shall mean a reference to that law as amended, consolidated, supplemented or replaced.

2. APPLICABILITY OF DELIVERY PARTNER T&C

These Delivery Partner T&C together with the Agreement shall form the complete understanding between the Parties. By accepting these Delivery Partner T&C, You acknowledge and agree to the Delivery Partner T&C and Local Street policies that Local Street makes applicable to You from time to time, to the fullest extent possible.

Unless defined herein, the words, phrases and capitalized terms, which are contained or referred to in these Delivery Partner T&C, shall be construed as having the meaning thereby attributed to them in the Agreement.

3. SERVICE AND CHARGES

i. Subject to terms and conditions contained in these Delivery Partner T&C and the Agreement, the Delivery Partner agrees to makes himself available on the Local Street App to undertake Delivery Services as and when a request for the same is placed by a User through the Local Street App, and to provide Delivery Services to the Users to the best of his abilities.
ii. Delivery Partner agrees and acknowledges that upon acceptance of an order by the Delivery Partner, Delivery Services undertaken by him shall constitute a separate contract for services under the Consumer Protection Act, 2019 or any successor legislations, between the Delivery Partner and the User, to which Local Street is not a party.
iii. Delivery partners operate independently, purchasing products from local shops, delivering them and collecting payments directly from customers or users. Local Street is not responsible for their transactions or financial decisions.
iv. Delivery partners use our technology to facilitate deliveries. In retum they are required to wear t shirts Or use delivery bags displaying our branding while making deliveries. (a) These can be purchased from Local Street or sourced independently, as long as they adhere to Local Street's branding guidelines. (b) While the use of our technology is currently free, we reserve the right to introduce usage fees in the future. By continuing to use our platform delivery partners acknowledge and accept this possibility.
v. The Delivery Partner shall have access to the Local Street Delivery partner App at all times unless there is a technical glitch or if the Local Street Delivery partner App is being updated. Once logged-in, the Delivery Partner shall remain available and shall be able to connect with the Users for the purpose of receiving orders placed by the Users and undertaking Delivery Services in connection with the same.
vi. The Delivery Partner confirms and acknowledges that by logging-in on the Local Street App, he agrees to be tracked by Local Street via GPS enabled tracking technology and Local Street may share this information with Users on a real-time basis for the purpose of enabling the status of the Delivery Services being provided by the Delivery Partner to the Users. The Delivery Partner further agrees that logging-in on the Local Street App shall be deemed acceptance of the Delivery Partner's intention to accept orders of Users to render the Delivery Services mentioned herein.
vii. Delivery Partner Assets: Delivery partners associated with Local Street may be required to purchase or bear the cost of company-branded assets such as delivery bags, T-shirts, or other necessary items. These costs are non-refundable and are to be borne by the delivery partners unless stated otherwise by the company.
viii. All reasonable attempts shall be made by the Delivery Partner to collect the order from the Shop Partners and deliver it to the Users, as quickly and efficiently as possible.
ix. The delivery charges applicable to each order are determined based on a thorough analysis of market conditions and mutual agreement among delivery partners. These rates are reviewed periodically to ensure fairness and sustainability. Vendors, shops, or the Local Street platform do not influence or control the delivery pricing decisions. Delivery partners acknowledge and accept that these rates are established independently to maintain consistency across the platform.
x. Local Street may, at its discretion, pay the Delivery Partner an additional amount and/or incentive for the Delivery Services provided by the Delivery Partner using the Local Street Delivery partner App.
xi. The Delivery Partner acknowledges that he has flexible timings and can chose to log-in the Local Street delivery partner App anytime he wants and for howsoever long he wants, at his sole discretion. Local Street shall also not supervise the actions and conduct of the Delivery Partners unless they are in gross violation of their duty to render Delivery Services under these Delivery Partner T&C or the Agreement. All queries and questions raised by the Delivery Partner, including but not limited to how to collect an order from the outlet of a Shop Partner, directions for the delivery address, manner to keep and store the items while in transit shall be directed to a Delivery Manager for the particular area from where the Delivery Partner is operating to render the Delivery Services.
xii. In case of any dispute regarding an item to be delivered, the shopkeeper is responsible for handling returns and refunding the amount paid by the Delivery Partner. Local Street is not liable for any disputes between the Delivery partner, the Shopkeeper, or the User.

5. OBLIGATIONS OF DELIVERY PARTNER

i. Delivery Partner makes himself/herself available to undertake Delivery Services as and when a request for the same is placed by User through the Local Street App.
ii. The Delivery Partner shall use his personal vehicle ("Delivery Partner Vehicle") for providing Delivery Services. No vehicle of any kind shall be provided by Local Street under any circumstances.
iii. The Delivery Partner shall ensure that the Delivery Partner Vehicle is well maintained and in good condition so that there are no delays in rendering Delivery Services.
iv. All expenses incurred in maintaining, running and riding the Delivery Partner Vehicle shall be borne exclusively by the Delivery Partner unless otherwise agreed by Local Street in written.
v. The Delivery Partner shall hold and possess a valid driving license and a valid registration number for the Delivery Partner Vehicle, if required under the Applicable Law for the vehicle used by the Delivery Partner for providing Delivery Services, which are up to date and in subsistence throughout the Term of these Delivery Partner T&C. Copies of the driving license as well as the registration certificate of the Delivery Partner Vehicle, including any other Delivery Partner Information, shall be handed to the Local Street
vi. The Delivery Partner shall have a valid and adequate insurance coverage to the Delivery Partner Vehicle. Delivery Partner shall ensure that the insurance is valid, up to date and in subsistence throughout the Term of these Delivery Partner T&C. A copy of the insurance policy shall be given by the Delivery Partner to the Local Street. The Delivery Partner further confirms that all premium payments towards the insurance policy shall be paid exclusively by the Delivery Partner. Under no circumstances shall Local Street be liable to make any payment with respect to such insurance.
vii. During the course of undertaking Delivery Services, the Delivery Partner shall conduct himself with honesty, discipline and in accordance with the policies and instructions of the Local Street, whether presently in force or adopted in the future, including but not limited to safety, driving rules, etc. The Delivery Partner shall also comply with all Applicable Law including the provisions of the Motor Vehicles Act, 1988 and its corresponding rules.
viii. Delivery Partner shall not commit any fraud while providing Delivery Services or otherwise commit any act or omission, to gain any undue advantage. Delivery Partner is strictly prohibited from recording videos/Call or taking pictures of customers without their explicit consent. Local Street does not condone or authorize such actions, and he will be solely liable for any legal consequences or claims arising from unauthorized video recording or photography. Additionally, delivery partner is prohibited from engaging in any other behaviour that is unlawful, unethical, or violates the rights or privacy of customers. Any such misconduct will be his sole responsibility, and Local Street will not be liable for his actions.
ix. Delivery Partner agrees and acknowledges that in case Local Street believes that the Delivery Partner has committed any of the foregoing while undertaking Delivery Services, Local Street shall, in addition to its right to terminate the Agreement and these Delivery Partner T&C, in its sole discretion reserve the right to (a) disable the Delivery Partner from undertaking Delivery Services through the Local Street Delivery partner App for such time as it deems fit.
x. At no time whatsoever shall the Delivery Partner tamper, damage, open or do anything to the items orders of the Users that he/she is not specifically permitted to do. In case Local Street suffers any loss due to the Delivery Partner tampering, damaging or opening the packaging of items orders of the Users, Delivery Partner shall be liable to pay us under the Agreement or these Delivery Partner T&C.
xi. The Delivery Partner acknowledges that the goodwill and reputation of Local Street is at stake with how effectively and efficiently the Delivery Partner renders Delivery Services pursuant to these Delivery Partner T&C. Accordingly, the Delivery Partner shall not do any act that adversely affects Local Street and undertakes to be in compliance with Applicable Law at all times and protect the brand image, business reputation or any other asset/property of Local Street.
xii. As a delivery partner, you have the freedom to rate customers based on your delivery experience. These ratings help maintain accountability and transparency on the platform. Local Street does not interfere with your rating decisions.
xiii. All Confidential Information procured shall at all times be kept confidential and used only for the limited permitted purposes of rendering Delivery Services.
xiv. The Delivery Partner is not entitled to claim reimbursement of hospitalization/ hospital bills that may be incurred by the Delivery Partner while rendering Delivery Services or incurred by his family members for any unfortunate accidents or severe illness, during the subsistence of Agreement and these Delivery Partner T&C.

6. OBLIGATIONS OF LOCAL STREET

i. Local Street shall endeavor to take reasonable and financially prudent measures to ensure sufficient flow of orders from Users to the Delivery Partner
ii. All Delivery Partner Information procured shall be kept confidential and used only as per these Delivery Partner T&C and the Agreement.
iii. Local Street shall make all reasonable efforts to ensure that the Local Street Delivery partner App is running at all times. However, it shall not be liable for any technical glitches or updates due to which a Delivery Partner is unable to log-in the Local Street App or receive orders.

7. DELIVERY PARTNER INFORMATION

i. Local Street may collect Delivery Partner Information at the time of execution of these Delivery Partner T&C or at any time thereafter, to establish the identity of the Delivery Partner. Local Street reserves the right to store, process, access and use the Delivery Partner Information for business purposes and needs, background check, verification, marketing, service, development, analytics, research, and any other purpose as Local Street may deem fit and in accordance with Applicable Law. The Delivery Partner hereby expressly consents to such collection and use of Delivery Partner Information.
ii. Subject to Applicable Law, Local Street may provide to a third party, governmental agency, judicial body, any Delivery Partner Information or information relating to Delivery Partner Services, if there is a complaint, dispute or conflict, including any accident involving a Delivery Partner on one hand and end-consumer, or a third party on the other hand;

8. INTELLECTUAL PROPERTY RIGHTS

i. The Parties hereby agree that all Intellectual Property Rights shall be in absolute ownership, possession and control of Local Street and the Delivery Partner is only permitted to use such Intellectual Property Rights in connection with Delivery Services rendered under these Delivery Partner T&C as are specifically permitted by the Local Street. The Parties hereby clarify that no license or rights is granted in the Intellectual Property Rights to the Delivery Partner under these Delivery Partner T&C, by implication or otherwise..
ii. Notwithstanding anything contained in these Delivery Partner T&C, in the event the Delivery Partner uses the Intellectual Property Rights in such manner so as to license, sub-license, create derivative Intellectual Property Rights, use it otherwise not being in connection with Delivery Services rendered under these Delivery Partner T&C, the same shall constitute a breach of these Delivery Partner T&C and Local Street reserves its rights to resort to legal proceedings against the Delivery Partner for recovering damages and losses suffered or likely to be suffered.

9. REPRESENTATIONS AND WARRANTIES

9.1 The Delivery Partner represents and warrants as follows:

i. The Delivery Partner is capable of entering in the present Agreement, pursuant to the Indian Contract Act, 1872 and is not below the age of 18 years as on the Effective Date.
ii. All Delivery Partner Information provided shall be true and correct and no information that could impact the Delivery Partner's performance to render Delivery Services pursuant to these Delivery Partner T&C and shall not be hidden from the Local Street anytime during the subsistence of these Delivery Partner T&C.
iii. The Delivery Partner has not been convicted by any court in India or any other country of any crimes including but not limited to involving moral turpitude. Further, the Delivery Partner is not a party to any pending litigation, which shall materially affect Your obligations under these Delivery Partner T&C.

9.2 Local Street hereby represents and warrants as follows:

i. It is fully capable of executing these Delivery Partner T&C and Delivery Service Agreement and has the necessary authority.

10. TERMINATION

10.1 Local Street reserves the right to terminate these Delivery Partner T&C and/or the Agreement and deny the Delivery Partner access to Local Street App at any time for any reason. The date on which the Delivery Partner's access to the Local Street App is intentionally blocked by the Local Street shall be considered as the Termination Date of these Delivery Partner T&C and the Agreement.

10.2 Without prejudice to the generality of the foregoing clause, Local Street reserves the right to terminate these Delivery Partner T&C and the Agreement with immediate effect for:

i. Any breach of the terms of these Delivery Partner T&C or the Agreement by the Delivery Partner;
ii. failure to verify or authenticate Delivery Partner Information; and
iii. any action or omission by the Delivery Partner which can cause legal or contractual liability for Local Street including but not limited to fraudulent conduct, customer complaints, continuous unsatisfactory reviews by the Shop Partners or the Users, misconduct, negligence, and all other actions specifically prohibited under Applicable Law.
iv. Local Street is also at liberty to terminate the contract at their discretion, where, in their opinion, continuance of the services of Delivery Partner is detrimental to the business interest of Local Street due to the acts of the Delivery Partners, such as the following:
- a. Misbehavior, rude behavior with the staff of Local Street, Shop Partners, Users or any other persons associated with the Local Street.
- b. Any acts involving criminal offence punishable under law, including physical assault, threatening any of the staff of Local Street, person associated with Local Street and any other persons.
- c. Concealment of fact / material information while entering into contract with Local Street.
- d. Poor & irregular for work, meetings and failure to abide by the rules / terms of contract.
- e. Drunk while on duty and drunken behavior.
- f. Poor performance for two consecutive weeks. Performance includes daily productivity, login hour, idle hours, number of deliveries completed, quality standards such as denying/ fast forwarding/ cancelling the order placed by a Shop Partner.
- g. Commission of fraud/ misappropriation/embezzlement for undue monetary gain, which is against the interest of the Local Street.
- h. Negligence in performing the duty, causing damage of moveable and immoveable assets of Local Street, its employees, Users.
- i. Indulging in spreading content through digital media, social networking sites, or any other form, which could be detrimental to Local Street's brand and its image.
- j. Indulging in acts such as creating ruckus/ strike/ or any activity against Local Street, which could be detrimental to the Local Street's brand and its image.
- k. Indulging in unauthorized disclosure of Confidential Information of Local Street to external agency, person, Local Street or organization.
- l. Misuse of assets provided by Local Street and welcome kits, which could be detrimental to the interest of Local Street's brand and its image.
- m. Absconding for more than 6 hours with any asset, delivery item, money or any other valuable item belonging to Local Street, its employees, Users, Shop Partner(s) and/ or other staff member(s).
- n. Failure to abide by any of the rules and guidelines given by Local Street as part of service quality standards and principles.
- o. Doing any act unbecoming of a Delivery Partner.
- p. In case the background check, whether wholly or partially, is found negative at any point of time during the term of these Delivery Partner T&C.

10.3 Notwithstanding anything contained in this Clause, Local Street reserves the right to recover any amounts due and owed by the Delivery Partner and take appropriate legal actions that may be available under Applicable Law and equity for recovery of any amounts due.

10.4 In case the Delivery Partner intends to terminate these Delivery Partner T&C and the Agreement on his own, he has to intimate Local Street in advance by giving a fifteen (15) days prior notice in writing, his intention to terminate the contract.

11. INACTIVITY

Failure to log-in to the Local Street App for a continuous period of 15 days will lead to the account of the Delivery Partner being made in-active. To re-activate the account, the Delivery Partner can, through the Delivery manager of Local Street App application, request for such reactivation of their account. The reactivation shall be subject to the requirement of Delivery Partners in the area of operation of the Delivery Partner. The Delivery Partner, through the Local Street App, can create a request to be intimated when such requirement arises.

12. COMPLIANCE WITH APPLICABLE LAW

The Delivery Partner agrees and consents to comply with all Applicable Law at all times while providing the Delivery Services and while accessing the Local Street Delivery partner App.

13. AMENDMENT

Local Street reserves the right to change, modify, reinstate, amend or delete any terms and conditions contained in these Delivery Partner T&C, without prior notice, at any time and in its sole discretion, by posting a change notice or a new agreement on the Local Street Delivery partner App. The Delivery Partner shall be responsible for keeping himself apprised and informed of the revised terms and conditions at all times.

14. RELATIONSHIP OF THE PARTIES

The Delivery Partner is an independent business contractor and not an employee of Local Street. This Delivery Partner Terms & Conditions (T&C) constitutes a principal- to-principal contract and shall not be construed to create any partnership, joint venture, employment, agency, franchise, sales representative, or vicarious liability relationship between the parties.
It is expressly clarified that Local Street does not exercise any control over the Delivery Partner's work, schedules, or manner of performance. The Delivery Partner operates independently and are free to determine the terms of their engagement, subject to compliance with applicable laws. Local Street does not fix or regulate the Delivery Partner's wages, fees, or earnings in any manner; such matters are determined by the Delivery Partners mutually.
It is clarified that no employer employee relationship exists between Local Street and the Delivery Partner under any statute or local law. The Delivery Partner shall not have any claim for permanent employment, benefits, or entitlements arising from labor or employment laws. Each party shall be solely responsible for its own acts and omissions, and neither party shall be liable for any action or inaction of the other.

15. INDEMNIFICATION AND LIMITATION OF LIABILITY

i. You agree and undertake to indemnify and to hold harmless the Local Street 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, liability, claims, costs, penalty and expenses (including, without limitation, reasonable attorneys' fees) incurred by 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 Delivery Partner T&C and the Agreement; (ii) any violation of Local Street's policies; (iii) any act or omission that causes or may cause harm to the reputation and goodwill of Local Street; (iv) any claim of violation of intellectual property of Local Street or any third party by your usage of Intellectual Property Rights in a manner not permitted under the Agreement and these Delivery Partner T&C; (v) your misconduct or unauthorized access or use of the User data on the Local Street App or by the transferring of such data to any third party or unauthorized disclosure or use of Confidential Information of Local Street; (vii) any act of theft, fraud, negligence and misconduct by you; (viii) any damage to the Shop Partner's or User's property or any asset; and (ix) any misbehavior towards the Shop Partner, Users or Local Street and its employees or tampering with the item packaging while performing the Delivery Services.
ii. You shall be liable to indemnify and hold Local Street harmless against all damages, losses, costs and expenses as a consequence of any complaint from any User and/or Shop Partner received by Local Street with respect to any error or deficiency in the Delivery Services.
iii. In addition to the indemnification rights of Local Street under these Delivery Partner T&C, Local Street shall also be entitled to such other remedies available under Applicable Law for breach of contract where time is of essence.
v. In no event will Local Street be liable for any losses arising from or in connection with these Delivery Partner T&C and the Agreement, pursuant to any claim by the Delivery Partner against Local Street under contract, tort or otherwise, if such losses could have been avoided by the Delivery Partner using reasonable efforts to mitigate them. Further, the Local Street shall also not be liable to the Delivery Partner in contract, tort or otherwise for indirect, special, incidental, exemplary, punitive, or consequential damages of any kind whatsoever even if advised of the possibility of such damages.
v. Local Street shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Delivery Partner arising out of the use of the Platform Services offered by the Local Street to the Delivery Partner directly or indirectly, for any reason whatsoever, including but not limited to damage or loss caused to the Delivery Partner as a result of a Shop Partner/User's non-compliance, which includes, but is not limited to, any incorrectly placed voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer teletransmission or telecommunications system or other circumstances whether or not beyond the control of Local Street or any person or any organization involved in the above mentioned systems. Without prejudice to the above, Local Street shall not be liable for any direct or indirect loss or damage, which may be suffered by the Delivery Partner as a result of any failure by a User to show up within any stipulated time even if Local Street has agreed to such timing or even if the User has advised Local Street of the possibility that he / she may not show up within the stipulated time.
vi. In case of any dispute regarding a delivered item, the shopkeeper is responsible for handling returns and refunding the amount paid by the Delivery Partner. Local Street is not liable for any disputes between the Delivery partner, the Shopkeeper, or the User.

16. SPECIFIC INDEMNITY

The Delivery Partner shall be solely liable for any and all accidents/incidents or criminal acts involving the Delivery Partner Vehicle, while providing the Delivery Services. Local Street shall not be held liable for any such accidents/ incidents or criminal acts involving the Delivery Partner.

17. SET-OFF

In addition to any other remedies provided under a contract including the Agreement and these Delivery Partner T&C or provided by law or in equity, Local Street may, at any time, without notice to the Delivery Partner, set off any liability of the Delivery Partner to Local Street against any liability of Local Street to the Delivery Partner, whether either liability is present or future, liquidated or unliquidated, and whether or not either liability arises under the Agreement or these Delivery Partner T&C.

18. DISPUTE RESOLUTION

1. These Delivery Partner T&C and the Agreement shall be governed by laws of India.
2. The courts of Mumbai shall have exclusive jurisdiction over all disputes arising from these Delivery Partner T&C and the Agreement.

19. PENALTY

Notwithstanding anything contrary contained in these Delivery Partner T&C or the Agreement, Local Street shall reserve a right to charge You a penalty in the event You indulge in fraudulent activities while providing Delivery Services.

20. MISCELLANEOUS

i. Force Majeure: Neither Party shall have any liability under or be deemed to be in breach of these Delivery Partner T&C or the Agreement for any delays or failures in performance of these Delivery Partner T&C and the Agreement which results from circumstances beyond the reasonable control of that Party such as acts of god, fire, earthquake, tempest, flood, lighting, violence of any army or mob or enemies of the country.
ii. Assignment: No rights or liabilities under these Delivery Partner T&C and the Agreement can be assigned by any of the Parties hereto without the prior written consent of the other Party.
iii. Entire Agreement: These Delivery Partner T&C shall be read along with the Agreement supersedes all prior discussions and agreements (whether oral or written) if any, between the Parties with respect to the subject matter of these Delivery Partner T&C and the Agreement.
iv. Term: These Delivery Partner T&C and the Agreement shall, unless specifically terminated in accordance with the provisions contained herein, be valid and effective from the date of the execution of the Agreement till such time that the Delivery Partner continues to remain enlisted with the Local Street App.
V. Waiver: No waiver of any part of these Delivery Partner T&C and the Agreement or consent to any departure from it by any Party shall be effective unless it is in writing. A waiver or consent shall be effective only for the purpose for which it is given. No default or delay on the part of any Party in exercising any rights, powers or privileges operates as a waiver of any right, nor does a single or partial exercise of a right exclude others.
vi. Severance: Any provision of these Delivery Partner T&C and the Agreement which is invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without affecting in any way the validity, legality and enforceability of the remaining provisions hereof
vii. Delivery Partner hereby acknowledges and agrees to the use of his/her photographs by Local Street for certain purposes, which may include usage of the Delivery Partner's photographs in Local Street's internal communications and presentations, training materials, marketing and advertisement activities on various platforms, including without limitation, online advertisement, social media and offline advertisement. Delivery Partner hereby consents to sharing of his/her photographs by Local Street with third parties for the aforesaid purposes.

21. CONFIDENTIALITY

Other than for provision of Delivery Services by the Delivery Partner, Local Street does not share any other information of the Delivery Partner with third parties unless requisitioned by (i) government authorities or (ii) the Delivery Partner, whether orally or in writing (via email, SMS etc.) for any purpose whatsoever, including but not limited to availing loan from financial institutions, filing of tax returns etc.

Other than for the purpose of undertaking Delivery Services, the Delivery Partner must not disclose any confidential information about Local Street, including but not limited to these Delivery Partner T&C, its business strategies, pricing,revenues, expenses, User data, Shop Partner data and order information to third parties

22. DISCLAIMER

Local Street does not warrant that You will be able to use the Local Street Delivery partner App and/ or will be able to provide the Delivery Services at all times or locations on the Local Street App or that the Local Street App and the Platform Services will be uninterrupted or error-tree or that the detects will be capable of being corrected by the Local Street in a timely fashion. The Platform Services, Local Street Delivery partner App, Device, the output generated there from, and all other technology developed by Local Street are provided to you on an "AS IS" and "AS AVAILABLE" basis and Local Street specifically disclaims all warranties and indemnities, express, implied or statutory, including without limitation any warranty of merchantability, fitness for a particular purpose, accuracy, completeness, or any other warranty arising from the course of performance or course of dealing.

Terms of Service for Pick and drop service

These Terms of Use ("Agreement") govern the use of the pick and drop delivery services ("Service") provided by Local Street Retail Tech Pvt Ltd ("Company," "we," "our," or "us"). By using our Service, delivery partner agree to the terms outlined below.

1. Service Overview

Our pick and drop service allows Users to send and receive items or goods through a Delivery Personnel. Our service is strictly for the transportation of non-prohibited goods including over-the-counter medicines and personal goods, excluding illegal, hazardous, or regulated substances.

2. Prohibited & Restricted Items

The following items are strictly prohibited from being delivered using the Service:

Illegal drugs or controlled substances,
Tobacco products,
Alcoholic beverages,
Prescription medications (unless specifically authorized),
Hazardous materials or dangerous goods,
Fragile or valuable items, precious metals, or high-value collectibles
Currency or negotiable instruments,
Any other items prohibited by local, national, or international law.

3. Company Liability

The Company disclaims any liability for the delivery of prohibited or illegal items. If such items are delivered, the Company will not be held responsible for any legal consequences or penalties. Both Users and Delivery Personnel agree that the Company is not liable for any damage, loss, or theft of goods while in transit.

4. Delivery Restrictions

The Service is intended solely for the transportation of goods as defined under applicable law. Delivery Partners agree not to use the Service for transporting restricted or prohibited goods, or materials that do not fall within this definition of "goods" including substances or items that are not considered lawful or appropriate for general transportation.

5.Non-Liability for Damaged, Lost, or Stolen Goods

The Company will not be liable for any theft, damage, or destruction of goods during delivery, especially in the case of fragile, delicate, or high-value items. The Delivery Partner and the user is solely responsible for any loss, damage, or destruction of the goods during transit.

6.Limitation of Liability:

Local Street shall not be held liable for any loss, injury, or damage arising from the delivery or receipt of any goods, including medicines, and other goods, if those goods are in violation of any laws, regulations, or this Agreement. The customer agrees to indemnify and hold harmless Local Street from any claims, damages, or legal actions arising from the delivery of such items.

7. Termination of service

The Company reserves the right to suspend or terminate the delivery personnel for violating these Terms of Use, including the transportation of prohibited or illegal items.

Additional Terms:

1. Indemnification

Users and Delivery Personnel agree to indemnify, defend, and hold harmless Local Street Retail Tech Pvt Ltd, its affiliates, officers, employees, and agents from any claims, damages, losses, or liabilities arising out of their violation of these Terms of Use, including but not limited to the delivery of illegal, fragile, or valuable items.

2. Modification of Terms

3. Governing Law and Jurisdiction

These Terms of Use will be governed by and construed in accordance with the applicable laws, and the place of jurisdiction for any dispute arising out of or in connection with these Terms will be Mumbai, India By using our pick and drop service, you acknowledge and agree to the terms outlined above. If you do not agree with these terms, you must refrain from using the Service.

Registered office – C-1104, Delta Tower, Sector 8, ULWE, Navi Mumbai – 410206 · Email – contact@thelocalstreet.com