These Terms and Conditions (T&Cs) of the Site and Applications provided by the Company define the conditions under which the Company grants the Users and Couriers a license to use the Site and Applications to enable the Users to entrust the Couriers with Deliveries of Goods and pay them, all within a determined contractual framework under the conditions set out in these T&Cs.
The Couriers are independent of the Company. The Company offers a Site and Applications enabling a User to make contact with a Courier to have a Delivery of Goods made under these T&Cs.
The service offered by the Company is that of putting the User and the Courier in contact only. It is the sole responsibility of the Courier to make the Delivery of Goods. The Company is not a party to the contract entered into between the User and the Courier with regard to the Delivery of Goods
Before making an Order Request, the User should read these T&Cs in full to ensure that he/she understands the terms on which the Company and the Couriers provide the respective services.
These T&Cs comprise the following:
- Part A- The “use of services and liability terms, restrictions and ownership provided by We fast to its users.
- Part B – The “Use of Services and Liability Terms”, which apply to the Services which are provided by the Courier to a User of the Site and Applications website https://delivezo.com (the “Site”).
- Part C – The “Courier Terms” apply between the User and the Courier only for orders for the Delivery of Goods.
- Part D – the “Site Terms” which apply to the general use of the Site, regardless of whether any Services are received.
- Part E – The “General Terms” which apply to the use of the Services and these T&Cs.
- Part F – The Special Conditions which apply to the Couriers.
- Payment terms
- Disclaimer, Limitation of liability, Indemnity
- Governing law
- Other provisions
- Schedule I
- Schedule II
- Schedule III
Acceptance of the T&Cs
- The use of the Site and Applications is subject to acceptance of these T&Cs.
- Only the acceptance of these T&Cs enables the Members to access the Services offered by the Site and Applications. These T&Cs must be accepted in their entirety and without amendment. In the event of a breach by a Member of any of the obligations set out herein, the Company reserves the right to suspend the Member’s access to the Services, and the Member shall not be entitled to any reimbursement, credit note or compensation.
- These T&Cs include clauses which relate to the Delivery of Goods, which are expressly accepted by the User through issuing an Order Request.
- No special condition or other general conditions issued by the User and/or the Courier shall prevail over these T&Cs.
Amendments to the T&Cs
- The Company reserves the right to amend these T&Cs at any time, notably owing to the evolution of the functionalities offered by the Site and the Applications or the rules of operation of the Services. The amendment shall take effect immediately upon making the amended version of the T&Cs available through the Site, which every Member must have first read and accepted in order to use the Services. If a Member objects to the amendment to the T&Cs, he must refrain from using the Site or Applications and the Services.
- When the amendment occurs after payment by the Member of a sum of money corresponding to a Delivery of Goods, the amendment shall not apply to the transaction in progress. If the amendment entails changes to the procedure for access to and/or use of the Site and/or Applications, the Company shall inform the Member of such change in advance via mobile application push notifications or by email at the address notified by the Member.
In these T&Cs, capitalised terms shall have the meanings set out below:
“Applications”: means the computer applications accessible from a Device and enabling access to the Services and shall include web-site https://borzodelivery.com/in/ mobile applications Borzo for Android and iOS.
“Assigned Courier”: the Courier automatically chosen to provide the Services to the User.
“Collection Address”: means the collection address of the Goods stated on the Order Request.
“Company” (or “our”, “us” or “we”): Borzo India Pvt ltd.
“Customer services” @Borzo.in
“Courier”: means the individual, who offers his services via the Applications or Site in order to execute Deliveries of Goods on behalf of the Users.
“Goods”: means the item(s) subject to the Order Request, with the exception of the Excluded Items.
“Delivery Address”: means the delivery address or multiple delivery addresses for the Goods stated on the Order Request.
“Delivery (ies) of Goods”: means the courier services provided by the Courier(s) to the User via the Applications.
“Delivery Zone”: means a zone where the Company offer equal price for different addresses, as listed on the ‘tariffs’ page of the Site.
“Device”: means any mobile or other device (smartphone, PC, tablet, etc.) having an internet connection and able to download, install and use the Applications.
“Excluded Items” – means the excluded items listed in Schedule 1, for which the Company accepts no liability.
“Force Majeure Event” means any circumstance not within a Party’s reasonable control including, without limitation:
- acts of God, flood, drought, earthquake or other natural disaster;
- Epidemic or pandemic;
- Terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
- Nuclear, chemical or biological contamination or sonic boom;
- Any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition [, or failing to grant a necessary licence or consent];
- Collapse of buildings, fire, explosion or accident;
- any labour or trade dispute, strikes, industrial action or lockouts (other than in each case by the Party seeking to rely on this clause, or companies in the same group as that Party);
- Non-performance by suppliers or subcontractors (other than by companies in the same group as the Party seeking to rely on this clause);and
- Interruption or failure of utility service.
“Member”: means either the Courier or the User.
“Method of Transport”: means the method(s) used by the Courier to carry the Goods for the purposes of making the Delivery of Goods, including (i) transport on foot, (ii) transport by bicycle, (iii) transport on moped/motorbike, or (iv) transport by land motor vehicle, hereinafter referred to as “Vehicle(s)”.
“Offered Price”: means a quote, calculated from the tariffs listed on the Site, for the execution of a Delivery of Goods.
“Order Acceptance”: means the User’s confirmation that the User accepts the Offered Price and grants the Company the permission to bill the User on the Courier’s behalf.
“Order Details”: means all details to be provided by a User when requesting a Delivery of Goods via the Site or Applications, including the following: Delivery Addresses, timeslots, nature of Goods, weight of parcels, User and Receivers’ valid mobile phone numbers.
“Order Request”: means a request by a User for a Couriers’ acceptance to provide the Services set out in the Order Details.
“Party (ies)”: means any of the parties, being the Courier, the User or the Company
“Price”: means the remuneration for the Delivery of Goods and Services billed to the User under the conditions set out in Schedule 2.
“Prohibited Item”: means the items listed in Schedule 1.
“Sender”: means the individual (including the agent or representative of a corporate entity) whose identity and contact details are entered in the Site or Applications by the User as sender of the Goods, and located at the Collection Address;
“Services”: means all services putting the Users and the Couriers in contact, offered through the Site and Applications.
“Site”: means https://borzodelivery.com/in/, providing access to the Services.
“Technology” means the Site, Applications and any other method introduced by the Company that allows for the automated placing of orders between a User and a Courier.
“Recipient”: means the person (including the agent or representative of a corporate entity) whose identity and contact details are entered in the Site or Applications by the User as Recipient of the Goods and located at the Delivery Address or, where applicable, within a nearby adjacent area.
“SC”: means the special conditions of these T&Cs that apply to the Couriers only.
“User” (or “you” or “your”) means the adult individual, or the corporate entity represented by a duly authorized individual, who is resident in India and requests a Delivery of Goods and to be put in contact with a Courier through the Site or Applications.