Terms & Conditions

TERMS AND CONDITIONS FOR CUSTOMERS

Narsingh solution (“Company”) provides technology based services for booking two-wheelers (“Vehicle”) to you (“You” or “ Users”) and you agree to obtain certain Services (defined hereinafter) offered by third party drivers or vehicle operators (" Agent") by means of the Company’s website and the mobile application “Pickoo” (“Platform”). All the Services provided by the Company to you would be by means of your use of the Platform. These Terms of Use shall govern the relationship between you (the customer) and the Company in the course of provision of the Services. These terms of use (“Terms of Use”) mandate the terms on which users using the Services will be governed.

Please read the Terms of Use carefully before using the Platform or registering on the Platform or accessing any material or information through the Platform.

Use of and access to the Platform is offered to You upon the condition of acceptance of all the terms, conditions and notices contained in this Terms of Use and Privacy Policy, along with any amendments made by the Company at its sole discretion and posted on the Platform from time to time.

1. SERVICES

  1. It allows you to pick up and drop off packages from one location to the other through the Agent (“Package Services”).

2. GENERAL TERMS OF USE

  1. The Company shall take your booking request and forward it to the Agent  through an app-based device operating on GPS-GPRS based device available with the Agent.

  2. The Agent shall have the sole discretion to accept or reject each request for the Service.

  3. If the Agent  accepts the booking request made by the Company, a notification will be sent you with the information regarding the Agent’s name, contact number etc.

  4. The Company shall make reasonable efforts to bring you in contact with the Agent in order to obtain the Service subject to availability of the Agent in or around your location at the time of your booking request made to the Company.

  5. For the avoidance of doubt, it is clarified that the Company itself does not provide the Services. It is the Agent who shall render the Services to you.

  6. Even after acceptance of booking, the Agent may not reach your pick up location or decide not to render his services. in which event the Company shall not be held liable.

  7. You warrant that the information you provide to the Company is accurate and complete. The Company is entitled at all times to verify the information that you have provided. You may only access the Services using authorized means.

  8. The Company shall not be liable if you do not download the correct Platform or visit the appropriate web portal.

  9. The Company reserves the right to discontinue or introduce any of the modes of booking Vehicles and/or for providing Package Services.

  10. You will refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation and will comply with all applicable laws of the Republic of India.

  11. You will treat the Agent with respect and not cause damage to their Vehicle or engage in any unlawful, threatening, harassing, abusive behaviour or activity whilst using their Vehicle;

  12. The Company is not responsible for the behaviour, actions or inactions of drivers of Vehicles, Agents or quality of Vehicle which you may use. Any contract for the provision of Vehicle for the Services is exclusively between you and the Agent and the Company is not a party to the same.

  13. You agree that You shall not request for Package Services for Items which are illegal, hazardous, dangerous, or otherwise restricted or constitute Items that are prohibited by any statute or law or regulation or the provisions of this Terms of Use.

  14. You also agree that you shall not request for dispatch of item(s) which require a special transportation permit or require any special license under applicable law.

  15. The Company does not check or verify the packages that are being picked up and dropped off on behalf of You or the Items that are being delivered to You by the Agent, and therefore the Company shall have no liability with respect to the same. However, if it comes to the knowledge of the Company that You have packaged any illegal or dangerous substance or availed the Package Services using the Platform to deliver any illegal or dangerous substance, the Company shall have the right to report You to the government authorities and take other appropriate legal actions against You.

  16. You agree that before requesting a Package Service, You are well aware of the contents of the package sent or requested by You through registered Agent, and that such contents are legal and within limits of transportation under any applicable laws. Such contents shall not be restricted and/or banned and/or dangerous and/or prohibited for carriage (such items include, but are not limited to, radio-active, incendiary, corrosive or flammable substances, hazardous chemicals, explosives, firearms or parts thereof and ammunition, firecrackers, cyanides, precipitates, gold and silver ore, bullion, precious metals and stones, jewellery, semi-precious stones including commercial carbons or industrial diamonds, currency (paper or coin) of any nationality, securities (including stocks and bonds, share certificates and blank signed share transfer forms), coupons, stamps, negotiable instruments in bearer form, cashier's cheques, travellers’ cheques, money orders, passports, credit/debit/ATM cards, antiques, works of art, lottery tickets and gambling devices, livestock, fish, insects, animals, plants and plant material, human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens, hazardous or bio-medical waste, wet ice, pornographic materials, contraband, bottled alcoholic beverages or any intoxicant or narcotics and psychotropic substances or any other prohibited material or material for the transportation of which specific authorisation/license is required under applicable laws).

  17. You also agree that, upon becoming aware of the commission any offence by You or Your intention to commit any offence upon initiating a Package Service or during a Package Service of any Item(s) restricted under applicable law, the Agent may report such information to Company or to the law enforcement authorities.

  18. You agree that you will be solely responsible for the packages handed over to the Agent and shall be prudent not to handover expensive items to the Agent. You will be solely responsible for any loss or damage to the goods, in case of any theft or any other incidents to the packages by the Agent.

  19. You can initiate a transaction on the Platform by which You may (through the help of a Agent) send packages at a particular location. The Package Services are provided to You directly by the Agent and Pickoo merely acts as a technology platform to facilitate transactions initiated on the Platform and Pickoo does not assume any responsibility or liability for any form of deficiency of services on part of the Agent.

  20. By using the Platform of the Company, you further agree that:

  21. You will download the Application for your sole, personal use and will not resell it to a third party;

  22. You will not authorize others to use your account;

  23. You will not assign or otherwise transfer your account to any other person or legal entity;

  24. You will not use the Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;

  25. You will not use the Application to cause nuisance, annoyance or inconvenience;

  26. You will not impair the proper operation of the network;

  27. You will not try to harm the Application in any way whatsoever;

  28. You will not copy, or distribute the Application or other Company Content without written permission from the Company;

  29. You will keep secure and confidential your account password or any identification which the Company may provide you which allows access to the Application;

  30. You will provide the Company with whatever proof of identity we may request;

  31. You will not use the Application with an incompatible or unauthorized device;

21.The Company reserves the right to immediately terminate your use of the Application should you not comply with the any of the rules provided in the Terms of Use.

3. PAYMENT FOR SERVICES

  1. You shall be required to pay charges for the Services used by you either by using the online payment gateway provided in the Platform or by paying cash to the Agent.

  2. The rates of the Services shall be notified on the website and mobile application of the Company.

  3. The charges for the Services shall be updated or amended from time to time at the sole discretion of the Company and it shall be your responsibility to remain informed about the charges for the Services.

  4. You agree that you will pay for all Services you purchase from the Agent either by way of credit card or debit card or by cash. In the event the payment cannot be accepted through debit card/credit card/Platform, you shall be required to pay the charges for the Services availed by way of cash.

  5. Any payment made is non-refundable. At the end of the trip for the Transportation Services, we will facilitate for you to receive a copy of the invoice from the Company on your registered e-mail account with the Company. You shall pay the service fees for availing the Package Service at the end of the completion of such services, as may be displayed to You on the Platform. You cannot initiate another Package Service until You have paid for the previously completed Package Service.

5. LIABILITY

  1. The information, recommendations provided to you on or through the website, or the Platform is for general information purposes only and does not constitute advice.

  2. The Company will reasonably keep the website and the application and its contents correct and up to date but does not guarantee that the website and/or application are free of errors, defects, malware and viruses or that the website and/or application are correct, up to date and accurate. The Company shall not be liable for any damage arising from the same.

  3. The Company shall further not be liable for damages resulting from the use of or the inability to use the website or the application, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

  4. The quality of the Services requested through the use of the Platform is entirely the responsibility of the Agent who ultimately provides such Services to you and the Company is not liable for the same. However, any complaints about the Services provided by the Agent should be submitted to the Company by an email as notified from time to time.

6. INTELLECTUAL PROPERTY RIGHTS

  1. The Company is the sole owner and lawful licensee of all the rights to the web site, Platform or any other digital media and its contents. The content means its design, layout, text, images, graphics, sounds, video, etc. the website, Platform or any other digital media content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All titles, ownership and intellectual property rights in the website and its content shall remain with the Company, its affiliates, agents, authorized representatives or licensor's as the case may be.

  2. All rights not otherwise claimed under this Terms of Use or by the Company are hereby reserved. The information contained in this Platform and/or website is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.

  3. The Company does not represent or endorse the accuracy or reliability of any information or advertisement contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this website or Platform, or the quality of any products, information or other materials displayed, or obtained by you as a result of any product, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.

  4. All related icons and logos are registered trademarks or service marks or word marks of the Company in various jurisdictions and are protected under applicable copyrights, trademarks and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

  5. All the contents on this website and/or Platform is copyright of the Company except the third party content and link to third party website on our website and/or Platform.

  6. Subject to your compliance with these Terms, the Company grants you a limited non-exclusive, non-transferable license to download and install a copy of the Platform on a single mobile device that you own or control and to run such copy of the Platform solely for your own personal use.

  7. You shall not do the following:

    1. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform in any way;

    2. modify or make derivative works based upon the Platform;

    3. create Internet "links" or "frame" or "mirror" any application on any other server or wireless or Internet-based device.

  8. 8. Reverse engineer or access the Platform in order to:

  1. design or build a competitive product or service,

  2. design or build a product using similar ideas, features, functions or graphics of the Platform, or

  3. copy any ideas, features, functions or graphics of the Platform, or

  4. launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Platform.

7. THIRD-PARTY LINKS

  1. During the use of the website or the application, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, participate in promotions of third parties. These links take you off the website, the application and are beyond the Company's control.

  2. During use of the website and the application, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party Agents, advertisers or sponsors showing their goods and/or services through a link on the website or through the application or Service. These links take you off the website, the application and the Service and are beyond the Company's control. You therefore visit or access these websites entirely at your own risk.

  3. Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.

8.TERM AND TERMINATION

  1. The contract between the Company and you is concluded for an indefinite period. You are entitled to terminate the Contract at all times by permanent deletion of the Platform installed on your mobile device, tablet or any electronic device capable of using the Platform thus disabling the use by you of the Platform and the Service.

  2. The Company is entitled to terminate the contract at all times and with immediate effect (by disabling your use of the application and the Service) if you: (a) violate or breach any term of these Terms of Use, or (b) in the opinion of the Company, misuse of the Platform or the Service.

  3. The Company is not obliged to give notice of the termination of the contract in advance. After termination the Company will give notice thereof in accordance with these Terms of Use.

  4. Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences.

9. INDEMNITY

You will indemnify and hold the Company harmless, from any and all claims, losses, liabilities, damages, expenses and costs (including attorneys’ fees and court costs) which result from a breach or alleged breach of these Terms of Use by you.

10. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

  1. These Terms of Use shall be governed by and interpreted in all respects in accordance with the laws of the Republic of India.

  2. Subject to jurisdiction of the courts of Guwahati, India.

  3. All disputes arising out of or in relation to these Terms of Use shall be settled amicably by the Parties. In the event no amicable settlement is arrived at within a period of fifteen (15) days from the date of first initiation of the dispute by one Party to other, the Parties shall resolve the dispute by means of arbitration pursuant to the Arbitration and Conciliation Act, 1996.

  4. The arbitration proceedings shall be conducted by an arbitral tribunal comprising of 1 (one) arbitrator mutually appointed by you and the Company.

  5. The award of the arbitral tribunal shall be final and binding.

 

11. ASSIGNMENT

You may not assign your rights under these Terms of Use without prior written approval of the Company.

12. AMENDMENT

These Terms of Use may be amended from time to time and as and when required, at the discretion of the Company.

13. SEVERABILITY

If any provision or any part of a provision of these Terms of Use is invalid, unenforceable or prohibited by applicable laws of the Republic of India , such provision or part of provision shall be severed from these Terms of Use and shall be considered divisible as to such provision or part thereof and such provision or part thereof shall be inoperative and shall not be part of the consideration moving between you and the Company hereto and the remainder of these Terms of Use shall be valid and binding and of like effect as though such provision was not included herein.

14. NOTICES

The Company may give notice by means of a general notice on the Application, or by electronic mail to your email address on record in the Company's account information, or by written communication sent by regular mail to your address on record in Company's account information.

TERMS AND CONDITIONS FOR AGENTS

The Company provides technology-based service for users to pick up and drop off packages from one location to the other through the AGENTs (defined hereinafter) and The Services are provided by means of two-wheelers ("Vehicle") offered by third party vehicle operators or riders ("AGENTS") who wish to offer such Services through the Vehicles.

On the basis of the representations and warranties provided by the AGENT, the Company has agreed to list the Vehicle(s) on the Portal to enable the AGENT to provide the Services through the Portal in accordance with the terms and conditions as hereinafter provided ("T&Cs").

1. GENERAL COVENANTS

  1. The Company shall take the booking request and forward it to the AGENT through an app-based device operating on GPS-GPRS based device installed in the vehicle.

  2. The Company reserves the right to discontinue or introduce any of the modes of booking Vehicles and/or for providing services for the transmission of parcels. At no time whatsoever shall the AGENT tamper, damage, open or do anything to the parcels that he/she is not specifically permitted to do during the course of providing the Services.

  3. The AGENT shall have the sole discretion to accept or reject each request for the Service.

  4. The AGENT warrants that the information it provides to the Company is accurate and complete. The Company is entitled at all times to verify the information that has been provided.

  5. The AGENT will refrain from doing anything which the Company reasonably believes to be disreputable or capable of damaging the Company's reputation and will comply with all applicable laws of the Republic of India.

  6. In relation to the Portal, the AGENT agrees to:

    1. not authorize others to use his account on the Portal;

    2. not assign or otherwise transfer his account to any other person or legal entity;

    3. not use the Portal for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;

    4. not use the Portal to cause nuisance, annoyance or inconvenience;

    5. not impair the proper operation of the network;

    6. not try to harm the Portal in any way whatsoever;

    7. not copy, or distribute any content on the Portal without written permission from the Company;

    8. keep secure and confidential the account password or any identification which the Company may provide to the AGENT which allows access to the Portal;

    9. provide the Company with whatever proof of identity the Company may request.

  7. The Company reserves the right to immediately terminate the use of the Portal by the AGENT if he does not comply with any of the above rules in Clause 1.6.

2. PAYMENT TERMS

  1. The Company has the discretion to charge any such fees from the AGENT as updated on the Portal from time to time.

  2. The Company charges a convenience fee from the commuters for providing the Services through the AGENTs. Further, the AGENT authorizes the Company to collect the service/travel fee ("Fare") from the users on behalf of the AGENTs.

  3. If the Fare is collected in cash by the AGENT it will get adjusted against the convenience fee.

3. REPRESENTATIONS AND WARRANTIES

The AGENT and the Company represent that:

  1. they have all requisite power and authority to, deliver and perform the obligations imposed herein;

  2. the execution and performance of the obligations do not and will not violate any provision of any existing agreement, law, rule, regulation, any order or judicial pronouncement which is applicable to each party;

  3. they have not been convicted by any court in India or any other country of any crimes including but not limited to involving moral turpitude.

The AGENT hereby represents that:

  1. he has the requisite authority or assignment to drive the Vehicle and there are no restrictions with respect to the use of the Vehicle that will hinder the Driver from the performance of the Services using the Portal;

  2. he has all rights, licenses, and permits as may be required under applicable laws to perform the Service in accordance with these T&Cs;

  3. he is in compliance with the Motor Vehicles Act, 1988, Food Safety and Standards Act 2006 and other applicable laws as required to be complied with by any person driving Vehicles;

  4. he shall hold and keep updated/renewed licenses, insurance and permits necessary for the use of Vehicle.

  5. he shall not drive rashly, shall follow traffic regulations and all applicable laws during the performance of the Services, not consume liquor/cigarette/bidi, or any other kind of intoxicant while performing the Services and shall have and hold a valid driving license and registration/insurance papers for the Vehicle at all times. The AGENT shall not take any personal calls except in the event of an emergency, without prejudicing the safety of the Vehicle and the customer. The AGENT shall take all calls from the customer and the Company only after stopping the Vehicle at an appropriate location to take the call, without being a hindrance to the traffic around him or without violating any traffic rules.

  6. he shall provide the services in a courteous and professional manner as reasonably expected by a service provider providing the Services.

  7. he shall at all times during which he is undertaking the Services, maintain dress, appearance, and hygiene codes.

  8. he shall perform its obligations with promptness and use reasonable care and skill and in accordance with standards of diligence, care, skill, quality and integrity to be reasonably expected of an experienced and reputable provider of Services;

  9. he shall perform each pick-up and delivery in the most efficient manner possible and shall make best efforts to adhere to the timelines prescribed.

  10. he shall also ensure the safety of packages is not compromised at the time of delivery.

  11. he shall not consume any alcoholic beverages or any other intoxicating/banned substances prior to or during the performance of the Services.

  12. his total earnings for any given financial year do not exceed INR 20,00,000 (Rupees Twenty Lakhs) and that he is an unregistered GST service provider.

  13. he covenants that he shall promptly inform the Company in case his total earnings exceeds or is expected to exceed INR 20,00,000 (Rupees Twenty Lakhs) in a financial year.

4. RELATIONSHIP BETWEEN THE PARTIES

  1. Independent Contractor: The AGENT shall operate as and have the status of an independent contractor. The relationship between the Company and the AGENT is on a principal-to-principal basis. The Company and the AGENT are independent legal entities, and nothing in these T&Cs will be construed to create a partnership, joint venture, an association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between the Company and the AGENT. It is clarified that the AGENT will not have any right to conclude any contract for and / or on the behalf of the Company.

5. AGENT INFORMATION

  1. PICKOO may collect AGENT Information at the time of onboarding of the AGENTs, to establish the identity of the AGENTs. PICKOO reserves the right to store, process, access and use the AGENT Information for business purposes and needs, background check, verification, marketing, service, development, analytics, research, and any other purpose as PICKOO may deem fit and in accordance with Applicable Law. The AGENT hereby expressly consents to such collection and use of AGENT Information.

  2. Subject to applicable laws, PICKOO may provide to a third party, governmental agency, judicial body, any AGENT Information or information relating to the AGENT, if there is a complaint, dispute or conflict, including any accident involving a AGENT on one hand and end-consumer, or a third party on the other hand;

  3. "AGENT Information" shall mean and include any personal data collected from the AGENT including know your customer documents with AGENT's bank, copies of valid government-issued vehicle registration certificate, mobile number, bank account details, vehicle insurance copy, driving license, identity proof, residence proof, location data, proof of ownership of AGENTs' Vehicle and any other information that PICKOO may deem fit;

6. CONFIDENTIALITY

  1. The AGENT shall keep confidential all data including customer details, market information, all work products and documents related thereto, the contents of the Portal and shall not sell or otherwise make that information available to any third parties. Except as otherwise agreed, the data of customers will be the exclusive property of the Company, and the AGENT will not use the same for any purpose or distribute such data in any form or means except for the purpose of providing the Services and other than as permitted by the Company and shall keep it confidential at all times.

7. INDEMNITY

  1. The AGENT agrees to indemnify, defend and hold the Company harmless from and against any claim, liability, obligation, loss, damage, deficiency, assessment, judgment, cost or expense (including, without limitation to costs and expenses incurred in preparing and defending against or prosecuting any litigation, claim, action, suit proceeding or demand) of any kind or character, arising out of or in any manner incidental, relating, or attributable to any inaccuracy, breach, or failure by the AGENT to perform its obligations under these T&Cs or the applicable laws in relation to performance of the Services.

8. LIMITATION OF LIABILITY

  1. The Company is not liable to the AGENT, for any condition, suitability, quality, merchantability and fitness for any purposes in respect of the Portal or the services provided through the Portal and is not liable for any civil, criminal, tortious, or any other liability, that may accrue as a consequence of the use and access of the Portal.

  2. To the extent permissible under applicable laws, the Company is not liable for any civil, criminal, tortious, or any other liability, that may accrue as a consequence of the breach by the Service Provider (a) of the applicable laws in respect of the use of the Portal or providing the Services; (b) of the terms of the applicable licenses and permits that are issued by the transport authorities; (c) of the terms of these T&Cs; or (d) of the duty of care the AGENT owes to the users of the Portals.

  3. The Company is not responsible for the behaviour, actions or inactions of the AGENT, quality of the Vehicle. Any contract for the provision of Vehicle is exclusively between the customer and the AGENT and the Company is not a party to the same.

  4. All rights not otherwise claimed under these T&Cs or by the Company are hereby reserved. The information contained in this Portal is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.

  5. The Company does not represent or endorse the accuracy or reliability of any information or advertisement contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the Portal, or the quality of any products, information or other materials displayed, or obtained by you as a result of any product, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.

  6. The AGENT shall not do the following:

  1. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Portal in any way;

  2. modify or make derivative works based upon the Portal;

  3. create internet "links" or "frame" or "mirror" any application on any other server or wireless or internet-based device;

  4. reverse engineer or access the Portal in order to:

  1. design or build a competitive product or service,

  2. design or build a product using similar ideas, features, functions or graphics of the Portal, or

  3. copy any ideas, features, functions or graphics of the Portal, or

  4. launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Portal.

9. TERM AND TERMINATION

Company is entitled to terminate the contract at all times and with immediate effect (by disabling the AGENT's registration on the Portal and use of the Portal) for:

  1. Any violation or breach of any term of these T&Cs; or

  2. If the AGENT, in the opinion of the Company, misuses the Portal.

  3. failure to verify or authenticate AGENT Information;

  4. any action or omission by the AGENT which can cause legal or contractual liability for PICKOO including but not limited to fraudulent conduct, customer complaints, continuous unsatisfactory reviews by the Restaurant Partners or the Users, misconduct, negligence, and all other actions specifically prohibited under Applicable Law.

  5. PICKOO is also at liberty to terminate the contract at their discretion, where, in their opinion, continuance of the services of AGENT is detrimental to the business interest of PICKOO due to the acts of the AGENTs, such as the following:

  6. Misbehavior, rude behavior with the staff of PICKOO, customers or any other persons associated with the PICKOO.

  7. Any acts involving criminal offence punishable under law, including physical assault, threatening any of the staff of PICKOO, person associated with PICKOO and any other persons.

  8. iii)Concealment of fact/material information while entering into a contract with PICKOO.

  9. Poor & irregular for work, meetings and failure to abide by the rules/terms of the contract.

  10. Drunk while on duty and drunken behavior.

  11. Commission of fraud/ misappropriation/embezzlement for undue monetary gain, which is against the interest of the PICKOO.

  12. vii)Negligence in performing the duty, causing damage of moveable and immoveable assets of PICKOO, its employees, customers.

  13. viii)Indulging in spreading content through digital media, social networking sites, or any other form, which could be detrimental to PICKOO's brand and its image.

  14. Indulging in acts such as creating ruckus/ strike/ or any activity against PICKOO, which could be detrimental to the PICKOO's brand and its image.

  15. Indulging in unauthorized disclosure of confidential information of PICKOO to external agency, person, PICKOO or organization.

  16. Misuse of assets provided by PICKOO and welcome kits, which could be detrimental to the interest of PICKOO's brand and its image.

  17. xii)Absconding for more than 4 hours with any asset, delivery item, money or any other valuable item belonging to PICKOO, its employees, customers or other staff member(s).

  18. xiii)Failure to abide by any of the rules and guidelines given by PICKOO as part of service quality standards and principles.

  19. xiv)Doing any act unbecoming of a AGENT.

  20. xv)In case the background check, whether wholly or partially, is found negative at any point of time during the term of these T&Cs.

The Company is not obliged to give notice of the termination of the contract in advance.

10. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

  1. These T&Cs shall be governed by and interpreted in all respects in accordance with the laws of the Republic of India.

  2. Subject to the provisions made in Clause 9.3, the parties hereby submit to the exclusive jurisdiction of the courts of Guwahati, India.

  3. All disputes arising out of or in relation to these T&Cs shall be settled amicably by the parties. In the event no amicable settlement is arrived at within a period of 15 (fifteen) days from the date of first initiation of the dispute by one party to other, the parties shall resolve the dispute by means of arbitration pursuant to the Arbitration and Conciliation Act, 1996.

  4. The arbitration proceedings shall be conducted by an arbitral tribunal comprising of 1 (one) arbitrator mutually appointed by you and the Company.

  1. The arbitration proceedings shall be conducted in English language only and the seat for arbitration shall be Guwahati, India.

  1. The award of the arbitral tribunal shall be final and binding.

 

 

11. ASSIGNMENT

The AGENT may not assign its rights or obligations under these T&Cs without prior written approval of the Company.

12. AMENDMENT

These T&Cs may be amended from time to time and as and when required, at the discretion of the Company.

13. SEVERABILITY

If any provision or any part of a provision of these T&Cs is invalid, unenforceable or prohibited by applicable laws of the Republic of India , such provision or part of provision shall be severed from these T&Cs and shall be considered divisible as to such provision or part thereof and such provision or part thereof shall be inoperative and shall not be part of the consideration moving between you and the Company hereto and the remainder of these T&Cs shall be valid and binding and of like effect as though such provision was not included herein.

14. INSURANCE

The Company at its sole discretion may insure the AGENT against any accident suffered by the AGENT during provision of Services by the AGENT using the Portal. The Company reserves the right to recover any amount paid by the Company in lieu of the insurance from the AGENT.

15. NOTICES

  1. The Company may give notice by means of a general notice on the Portal, or by electronic mail to your email address on record in the Company's account information, or by written communication sent by regular mail to the AGENT's address on record in the Company's account information.

  2. AGENT needs to send any notice on at email id: info@pickoo.in