1. 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.

2. 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. If a Member objects to the amendment to the T&Cs, he must abstain from using the Site or Applications and the goods or Services.

3. When the amendment occurs after payment by the Member of a sum of money corresponding to a Delivery of Goods and services, 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.

4. Amendment in earthquake or other natural disaster , drought, flood, Nuclear, chemical or biological contamination or sonic boom, Epidemic or pandemic; civil commotion or riots, terrorist attack, civil war, war, threat of or preparation for war, armed conflict, imposition of sanctions, Collapse of buildings, fire, explosion or accident;

5. 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);

6. 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 license or consent];

7. Non-performance by suppliers or subcontractors Interruption or failure of utility service.

Before accessing or Using the Services of Gkaary, Please Read Carefully following Terms

These terms bound you with agreement to access and use of the Services, which accepteds a contractual relationship between you and Gkaary. If you do not agree to these Terms and conditions, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Gkaary may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. Supplemental terms may apply to certain Services, such as policies for a promotion, activity or, particular event and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services.

Gkaary may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, involving you and a Third Party Provider and such information or data is necessary to resolve the complaint, dispute or conflict.

Gkaary may amend the Terms and conditions related to the Services from time to time. Amendments will be effective upon Gkaary posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

The Services

“You acknowledge that Gkaary does not provide goods and services and that all such goods and services are provided by independent third party contractors who are not employed by gkaary or any of its affiliates.”

The Services constitute a technology platform that enables users of Gkaary mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule transport ,delivery of items/products and/or logistics services ,purchase of items, maintenance , manpower, and personal care services with independent third party providers of such services, including independent third party service providers under agreement with Gkaary or certain of Gkaary’s affiliates (“Third Party Providers”). Unless otherwise agreed by Gkaary in a separate written agreement with you, the Services are made available solely for your personal / commercial use.

License

Subject to your compliance with these Terms, Gkaary grants you a limited, non-exclusive, license to access and use the Applications on your personal device solely in connection with your use of the Services; and access and use any content, information and related materials that may be made ava civil commotion or riots liable through the Service. Any rights not expressly granted herein are reserved by Gkaary and Gkaary’s licensors.

Third Party Services and Content

The Services may be made available or accessed in connection with third party services and content (including advertising) that Gkaary does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Gkaary does not endorse such third party services and content and in no event shall Gkaary be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service

Limitations or Restrictions

1. You may not: link to, mirror or frame any portion of the Services.

2. You may not remove any trademark, proprietary notices or copyright from any portion of the Services.

Attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Gkaary.

Decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law.

Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services.

Ownership

The Services and all rights therein are and shall remain Gkaary’s property. Neither these Terms nor your use of the Services convey or grant to you any rights: to use or reference in any manner Gkaary’s company names, logos, product and service names, trademarks or services marks or those of Gkaary’s licensors.

User Accounts

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). Account registration requires you to submit to Gkaary certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Gkaary’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.

User Requirements and Conduct

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive Services from Third Party Providers unless they are accompanied by you. You agree to comply with all applicable laws when using the Services and you may only use the Services for lawful purposes (e.g., no delivery of goods and service of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. You may not assign or otherwise transfer your Account to any other person or entity. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

Text Messaging

By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

User Provided Content

Gkaary may, in Gkaary’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Gkaary through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Gkaary, you grant Gkaary a perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Gkaary’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Gkaary the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Gkaary’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Gkaary in its sole discretion, whether or not such material may be protected by law. Gkaary may, but shall not be obligated to, review, monitor, or remove User Content, at Gkaary’s sole discretion and at any time and for any reason, without notice to you.

Network Access and Devices

1.You are responsible for updating compatible devices , hardware ,software necessary to access or use the Services and Applications .

2. You are responsible for access data network necessary to use the Services.

3. You will be also responsible for any rates and fees of your mobile network data, SMS, may apply if you access or use the services from wireless enabled device.

4. There is no guarantee of Gkaary that the Services will function on any particular hardware /software or devices.

5. The Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Use of Services and Liability Terms between Service Provider and User of Website and Application.

Registration Process

Formation of contract

Use of the Services

Use of the Services is not open to persons aged under 18 or to any persons has previously been suspended or terminated from using the Services. Only Members who accept these terms are in a position to form legally binding contracts under Indian law and may use the Services provided by the Company. If a Member is using the Services as a business entity, the Member must represent that it has the authority to bind the entity to these T&Cs. The Member acknowledges and agrees that the Services are only accessible online via the Site and the Applications. The Company reserves the right to reject or cancel a User’s Order Request at any time and for any reason or for no reason. The Company reserves the right to notify other Users of any actions that it, in the Company’s sole discretion deem serious, and which have led to the cancellation of a User’s Order Request. If a User is so prevented from using the Services, the User may appeal for reinstatement. The appeal must include a written statement as to why the User should be reinstated along with the User’s contact information. The appeal may be reviewed at the Company’s discretion and any determination as to a User’s reinstatement will be at the Company’s sole discretion. A User’s submission of an appeal does not, in any manner; guarantee that you will be reinstated or that the appeal will necessarily be reviewed. The Company will contact the User as to its decision to reinstate you. The Company is not obligated to give you any reasoning as to its decision. All decisions are final.

Additional provisions in relation to the Delivery of Goods and services.

• The User acknowledges and agrees that the quality of the services of Delivery of Goods and services requested via the Site falls totally under the responsibility of the particular service partner or third party who accepted and/or affected the Delivery of Goods and services in question.
• The Company shall not be liable for any Delivery of Goods and services these T&Cs including, without limitation, The Company shall not be liable for any losses howsoever arising, in relation to any Deliveries of Goods and services by the Service Partners or with regard to the acts, actions, behavior, attitudes and/or negligence of the Service Partner.
• On the request of a Member, the Company shall use its best endeavors to seek to resolve any dispute over a Delivery of Goods and services executed by a Service Partner under T&Cs. Additional provisions applicable to the acts of the Members and the contractual relations between the User and the Courier The Member is solely responsible for breaches and/or violations of the legislation applicable to him and to these T&Cs with regard to both the Company and the other Member with whom he is in contractual relations, and for damages that may arise owing to these violations and/or breaches.
• The Member shall be liable for, and shall compensate, the Company and/or any other Member and/or a third party in respect of any claims, complaints, remedies and petitions, of any nature, resulting from such a violation or breach, relating to: a) The use of the Technology by the Member; b) The relationship between the Service Partner and the User; c) The operation of the Method of Transport with regards to the goods and Service; d) The Delivery of Goods and Services with regard to the Service partner.
• The Member shall compensate the Company and/or third parties for any direct and indirect damages resulting from such violations and/or breaches. assurance The Member shall indemnify, defend and/or settle and hold harmless the Company against any loss or damage (including legal costs) which the Company may sustain or incur, in relation to any third party claim, to the extent such claim is based upon any breach by the Member of the provisions of these T&Cs. Services partner’s Liability
• The Service partner may liable for material damage and/or consequential loss, such as loss, theft, material damage, or destruction of the Goods during the Delivery of Goods and services, except where the foregoing are due to factors such as, without limitation, fault of the Sender or the Recipient, a Force Majeure Event, a defect inherent to the Goods or insufficient packaging.
• The Courier’s total liability for material damage and/or consequential loss, such as loss, theft, material damage, average or destruction of the Goods and services shall be lesser of:

1) The original value of the Goods;

2) The amount of their repair or reconstitution,

Assurance

Where Goods and services include sensitive data and documents the User shall assurance the service partner against all actions, claims, proceedings and judgments together with costs incurred relating to loss, damage or disclosure of such data or documents.

Enhanced Protection

The Company may, from time to time, offer Users the ability to purchase Enhanced Protection for losses suffered for Delivery of Goods and services

Service partner Terms:

These Service partner Terms apply only to the User and the Service partner in relation to the Delivery of Goods and Services. The Company, acting as agent, puts Users in contact with the service partner, acting as Principle, by giving them access to the Company’s Technology in order to undertake a Delivery of Goods and Services. All Delivery of Goods and Services by the service partner or third party shall be subject to these Service partner Terms.

Processes relative to the Deliveries of Goods and services

Request for Delivery of Goods and services by the User

• The User and the Recipient shall enter the Service address or Collection Address, or working address, where the Service partner must collect the Goods, gives the service or working at that Address into the Site or Applications, together with a telephone number, the telephone number may be of the User and/or the Sender and/or the Recipient.
• The User acknowledges and agrees that this is essential information for the Delivery of Goods and Services on the basis of which the Service partner is bound.
• The User represents and confirms to the Service partner that the User shall Request the Delivery of Goods and services to a named individual, on the understanding that the Delivery of Goods and services can only be confirmed by the Recipient.
• Specify the details, obvious or otherwise, of the Goods or services when they may have repercussions on the progress of the delivery by the Service partner, in particular if they may affect the Method of Transport, or work situation,
• Not request Delivery of Goods and services to a Recipient who is inaccessible or which would require unreasonable efforts by the Service partner, such as Recipients who may be incarcerated or whose address is inaccessible by land and/or not close to a marked road;
• Only use the Service and the Order Request for legal activity purposes.
• Not use the goods and Services for unauthorized or illegal activity, purposes.
• Subject to the foregoing, an Offered Price shall then be communicated to the User for the Delivery of Goods and services.
• On acceptance by a Service partner of an Order Request, the User will be provided the telephone number to the Service partner. Acceptance Order Request by the Service partner Acceptance the Order Request by the Service partner of an via the Site irrevocably binds the Service partner to undertake the said Delivery of Goods and service under the conditions of the T&Cs. Order Request Confirmation:
• Irrespective of the Method of Transport used, if the Service partner accepts the Order Request, he undertakes to the User to affect the Delivery of Goods and services under the conditions of these terms and conditions.
• Acceptance by a Service partner of an Order Request shall be notified to the User by a notification message to the telephone number entered on the Site or Applications in the Order Request or through the Applications, and is deemed to constitute irrevocable conclusion of the contract binding the User to the Service partner that makes the Delivery of Goods and services, subject to the provisions of these T&Cs. Packaging of the Goods
• The User shall ensure that the Goods are packaged to a reasonable standard to protect the contents. The packaging must also be sufficient to protect the Goods’ weight and multiple parcels shall not be strapped or attached together. Any Goods that have not been packaged correctly will be treated as Excluded Items.
• The Service partners will assume that Goods have been correctly packaged and will exercise a level of skill and care appropriate to that. Any claim resulting from a parcel that is not packaged to a reasonable standard and in line with the above may be declined.
• All Goods must be able to withstand a short drop; the Services should not be used for very fragile items.
• The Courier has the right to refuse a Goods for a reasonable reason such as no packaging, insufficient packaging or the where the Goods do not comply with the information given by the User in the Order Request – for example the Goods contain deficient or ambiguous labeling, contains a Prohibited item or is larger/heavier than stated. In such circumstances the Cancellation Fee shall be payable
• It is the User’s responsibility to ensure the person who is receiving the Goods, is correct Service partner. Gkaary and the Service partner has no liability for loss, damage or theft of Goods as a result of the Goods being given to anyone other than the correct Service partner.
• On collection of the Goods, the Service partner shall offer the Sender to provide a signature at the screen of his/her smart phone. The signature will be proof of collection as required for any issues that the User may have with the Goods or processing of the order.
• It is the User’s responsibility to ensure that all the details are correctly completed and displayed on the correct Goods as delivery will be made to the details listed on the Goods. It is not the Service partner’s responsibility to check this information, so please ensure this is checked before he leaves. Collection of the Goods
• The Service partner may need to contact the User by telephone after acceptance of the Order Request.
• The Service partner may also need to contact the Sender, if the Recipient is not the User by telephone at the time of the Delivery of Goods.
• In this respect, the User who has entered the telephone numbers of the Recipient and/or the Sender, so they can be contacted by the Service partner within the framework of the Delivery of Goods, represents and warrants that he has obtained their agreement to do so.
• If the Goods are not ready for collection at the proposed collection time set out in the Order Request, if requested by the User, the Service partner will wait for collection of the Goods. An additional charge of 3 per minutes (in addition to the Price remaining payable for the Delivery of Goods) shall be charged to the User if the Service partner waits for the Goods for more than 15 minutes after the proposed collection time set out in the Order Request.
• If the Service partner is unable to contact the User and/or the Sender and/or the Recipient, the Service partner may automatically terminate the Delivery of Goods and charge the User the full Price, in accordance with these T&Cs. In the event that the Delivery of Goods is terminated, the Service partner will organize a Delivery of Goods to the Collection Address (reverse process) so that the Service partner can return the Goods to the Sender or the User. The cost of delivery will be calculated as if the returning point is the additional waypoint and Sender is the current Recipient.
• The collection of the Goods will normally occur on the User’s chosen date and an delivery Request can be made between 1 hour and 14 days ahead of the required delivery date. Collections are possible 24/7/365, but are subject to Service partner availability in applying the Order Request to meet the User’s requirements.
• The automated system on the Site and Applications requests collection times as set out in the User’s Order Request. The Service partner is under no obligation to collect the Goods within any timeframe communicated as an estimate, or within any other deadline. In the event that the Service partner is unable to collect the Goods within the timeframe set out in the Order Request, the Service partner will Endeavour to notify the User of the revised collection time as soon as possible.
• Where a failure to collect the Goods and services in accordance with the Order Request arises from the acts, actions, behavior, attitudes and/or negligence of the Service partner, the Service partner must be contacted and redelivery shall be made free of charge. In all other circumstances, any such redelivery will be a new Order Request and will be charged the full Price and the aborted collection will be charged 50% of the Price as a cancellation fee.
• The collection of the Goods and services by the Service partner from the user is recorded by the signature of the said user/sender on the Applications installed on the Service partner’s Device. Provision of a signature will be proof of the collection of Goods in accordance with the User’s Order Request.
• The User shall ensure the correct parcel is given to the correct Assigned Service partner. The Sender/user can identify the Assigned Service partner using the order reference number received at the time of the booking. The Service partner accepts no liability for loss, damage or theft of Goods as a result of the Goods being given to anyone other than the Assigned Service partner. Execution of the Delivery of Goods by the Service partner
• The Service partner is deemed to be in possession of the Goods once the Sender has signed the Applications installed on the Service partner’s Device.
• The Service partner is under no obligation to make any Delivery of Goods within any timeframe communicated as an estimate, or within any other deadline. However, he undertakes to use best efforts to complete the Service partner of Goods within a reasonable timeframe, taking account of the Method of Transport, the Goods, the traffic and weather conditions, etc. Delivery of the Goods by the Service partner to the Recipient
• The Delivery of the Goods by the Service partner to the Recipient is recorded by the signature of the said Recipient on the Applications installed on the Service partner’s Device. Provision of a signature will be proof of the Delivery of Goods in accordance with the User’s delivery Request.
• Delivery of Goods is possible 24/7/365, but is subject to Courier or Service partner availability in applying the Order Request to meet the User’s requirements.
• If a Service partner has been unable deliver the Goods, the Service partner will make reasonable attempts to notify the User by email, text and/or phone call to try to ensure the delivery can occur. After making such reasonable attempts, the Service partner may cancel the Delivery of Goods in accordance with cancellation fee of 50% of the Price will apply.
• The User can request that the Delivery of Goods and collection may be made to or from a neighboring address or an unmanned address by calling the Company’s call centre. The Service partner shall not be liable for any claims that the Goods were not delivered where the Service partner has confirmed in real time that the Goods was delivered. The Service partner may take a photograph of the Delivery of Goods at an unmanned address as proof of delivery.
• Service partner can only deliver to a full street address. The Service partner cannot deliver to a PO Box or BFPO address. If a full street address has not been provided and the Service partner has been unable to make a Delivery of Goods, no refund will be given to the User and an additional charge of 50% of the Price will be payable as a cancellation fee by the User. Cancellation of Delivery of Goods and services Cancellation by the User
• The User is not obliged to accept any of the Offered Prices and may cancel his delivery Request, without cost, provided that no delivery request Acceptance has been made.
• Once the User indicates a delivery request Acceptance, the User may cancel his delivery Request, provided that the Service partner has not collected, or attempted to collect, the Goods from the Sender. A cancellation fee of 50% of the Price may apply.
• Once the Goods have been collected by the Service partner, it is then no longer possible for the User to cancel the Delivery of Goods and services and the full Price is payable by the User.
• In the event that the Delivery of Goods and services is cancelled by the User after collection of the Goods by the Service partner, the Service partner will organize a Delivery of Goods to the Collection Address (reverse process) so that the Service partner can return the Goods to the Sender or the User. The cost of delivery will be calculated as if the returning point is the additional waypoint and Sender is the current Recipient. Cancellation by the Service partners The Service partner may only cancel a Delivery of Goods in the following cases:
• If the Goods differ from the description given in the Delivery Request;
• If the Goods present dimensions greater than those set out in the Delivery Request;
• If the Goods have no packaging or are insufficiently packaged;
• If the Goods are not labeled correctly;
• If the Goods contain a Prohibited Item; or
• If the Service partner cannot execute the Delivery of Goods without communicating with the User and/or the Sender and/or the Recipient and is unable to connect with the User and/or the Sender and/or the Recipient on the telephone numbers provided. .
• The cancellation by the Service partner of the Delivery of Goods for the aforementioned reasons must be considered as cancellation by the User as defined in of these T&C, and the full Price shall be billed to the User. Damaged Goods
• Upon Delivery of Goods, the User shall, unless otherwise agreed in advance, sign (or ensure that the Recipient signs) for the Goods, indicating to the Service partner that the Goods are undamaged.
• In the event of loss or damage to the Goods, the Recipient must refuse to sign for the Delivery of Goods and explain the reasons to the Service partner. The User shall also notify the Company of any loss or damage to the Goods separately in writing within 1 day of Delivery of Goods.
• In the absence of detailed reservations recorded by the Recipient at the time of the Delivery of Goods, it shall be the User’s responsibility to prove that the damage took place during the Delivery of Goods by the Service partner, and to establish that the damage was caused during the Delivery of Goods by the Service partner.
• Once the Service partner has left following Delivery of Goods, all enquiries relating to loss or damage to the Goods should be directed through the Company as agent for the Service partner.
• Any additional information requested to substantiate a claim for loss or damage of Goods must be made available within 21 days of request. If the information requested is not received within this timescale, the Service partner reserves the right to close the claim. The User can send an email to submit a damage/loss claim to https://Gkaary.com/ to proceed with a claim; the User will need to have proof that the Service partner has taken the Goods from the Sender. In addition, in the event of a claim, a copy of the receipt for the Goods will be required to prove the value of the Goods, together with serial numbers and IMEI numbers for electrical items.
• The damaged Goods together with all packaging should be kept until the claim is concluded as photographs or inspection of the Goods may be necessary.
• If a claim is made that the Goods have been damaged, all packaging should be kept for inspection by the Service partner. The item must also be available for inspection in the state it was delivered, at the Delivery Address. Further journeys could cause further damage, making it difficult to assess the original damage. The Service partner may also ask for photographs of the internal and external packaging as well as the damaged item to process the claim.
• If the User makes a claim relating to damaged Goods, the Service partner may also ask for an estimate of repair costs for the Goods supplied by a specialist. If the Goods cannot be repaired, then the Service partner would need this in writing from the specialist.
• A claim relating to lost Goods can only be processed once the Service partner has concluded its searches for the Goods within a reasonable timescale.
• Any amounts payable in relation to lost or damaged Goods will only be paid to the User. Please ensure the exact name or company name is entered at the time of booking as a Surcharge will be charged to re-issue a settlement cheque.
• Subject to the Service partner will not be liable (whether in negligence or otherwise) to the User in respect of any loss or damage of Goods unless legal proceedings are commenced against the Service partner within 15 days from the date of Delivery of Goods or the date of a claim decision. Other causes
• No suspension nor reimbursement of the Price owed by the User shall be made in any circumstance other than those listed in these Ts&Cs, including without limitation, the refusal of the Goods by the Recipient, or his refusal to receive them. If the Recipient refuses to accept the Goods for any reason other than those set out in these Ts&Cs, the Service partner shall return the Goods through a Delivery of Goods and the User will be billed for such return.
• The User acknowledges and agrees that the Service partner is not responsible for any non-conformity of the Goods or delay in Delivery of Goods in relation to the estimated timeframe indicated, and that these do not constitute a valid and admissible reason for refusing to accept the Goods. Surcharges
• Certain surcharges may be payable by the User to the Service partner in addition to the Price. When a surcharge is payable, it may be charged directly to the payment method used to make the initial order (and the User hereby authorise the automated payment of such charges).
• Any Surcharges represent the additional administrative costs, which will be suffered by the Service partner in connection with the Services and charges which the Company may incur. The Company act on behalf of the Service partner as agent for the purpose of collecting any surcharges. This information is made available to you prior to placing the User’s order.
• For illustrative purposes, the following is a non-exhaustive list of when surcharges may be payable.
• If the Goods are not ready for collection at the proposed collection time set out in the Order Request, if requested by the User, the Service partner will wait for collection of the Goods. An additional charge of 3 per minute (in addition to the Price remaining payable for the Delivery of Goods) shall be charged to the User if the Service partner waits for the Goods for more than 15 minutes after the proposed collection time set out in the Order Request.
• A surcharge of up to 100% of the Price (in addition to the Price remaining payable) may be applied when the Service partner tries to deliver the Goods and is unable to deliver in accordance with the Order Request, after the Service partner’s attempts to contact you have failed or it has been confirmed that the collection cannot be made when scheduled. Where a failure to deliver the Goods arises from the acts, actions, behavior, attitudes and/or negligence of the Service partner, the User not is liable for the surcharge.
• A surcharge of respective value (in addition to the Fee remaining payable) will be applied if the receiver refuses to take delivery of the goods and they need to be sent back to the collection point or if it is not, in the reasonable opinion of the Service partner, possible to leave the Goods in a safe place at the point of delivery. The respective value will be calculated as if the returning point is the additional waypoint . Part 1 Excluded and Prohibited Items Excluded Items You are entitled to send the following items via the Service but the Company will have no liability in respect of such Excluded Items or in the following circumstances:
• Items which may suffer loss, damage, deterioration or depreciation caused by variation in temperature (unless caused by an accident to the conveying Vehicle)
• Items which suffer any mechanical, electronic or electrical derangement unless caused by external means.
• Loss or damage caused by: defective or inadequate packing, insulation or labeling; shortage in weight, evaporation or ordinary leakage; deliberate abandonment of the Goods or other property; vermin, wear, tear or gradual depreciation; inherent vice
• [Include Here the point for Legal Drugs in connection with the urgency and couriers availability]
• Living & dead creatures
• Bullion
• Cash and cash like instruments including bank notes, specie and unnamed cheques
• Bonds, treasury notes and other securities
• Stamps
• Prepaid phone cards and similar
• Negotiable instruments
• Precious metals (unless part of a piece of jewellery)
• Precious stones (unless part of a piece of jewellery)
• Cigarettes and other tobacco.
• Data stored in writing in any format, whether hard copy or electronically, with contents including but not limited to names, addresses, bank details, signatures and dates of birth is entirely at the Customer’s risk. Prohibited Items You are prohibited from using the Services for delivery of the following Prohibited Items, in respect of which the Company accepts no liability whatsoever. We do not accept liability for any consequence whatsoever resulting directly or indirectly from or in connection with any of the following Prohibited Items, regardless of any other contributory cause or event: Any and all items which are illegal to carry own or transport or which, in the reasonable opinion of the Company, may potentially be hazardous or dangerous to the Service partner or the general public, including but not limited to:
• Any item packaged in a hazardous or dangerous box
• Explosives including fireworks
• Blades of any kind longer than 1.5 inches
• Dangerous biological agents
• Illegal drugs or any other contraband
• Dangerous chemicals
• Pornographic materials
• Dangerous power tools such as chain saws
• Weapons, Arms, Ammunition or associated parts, accessories, materials, ingredients or technology, including deactivated and replica weapons
• Flammable materials Part 2 – Price Billing mandate The Company puts Users in contact with the Service partner by giving them access to the Company’s Site and/or Applications. The Service partner, acting as principal, confers on the Company, acting as agent, with respect for the applicable economic and tax rules, the task of preparing and issuing the Service partner’s invoices. The Price due from the User to the Service partner for the Delivery of Goods (less the commission owed to the Company) shall be paid directly to the Service partner’s Stripe account. Purpose of the billing mandate The Service partner expressly authorises and instructs the Company, which hereby accepts, to prepare in his name and on his behalf original invoices (initial and/or corrective) relating to the Deliveries of Goods to the Users, in compliance with all applicable legislation. The Company shall be responsible for sending the said invoices to the Users. Duration of the agreement this billing mandate, which takes effect upon acceptance of the T&Cs, is entered into for an undefined duration. It may be terminated at any time by the Company and the Service partner, without particular reason, by registered letter with acknowledgement of receipt. The revocation shall take effect upon receipt of this registered letter or email. Obligations of the Company The Company, acting as agent, shall prepare the invoices for Deliveries of Goods in compliance with the information given by the Service partner, in the name and on behalf of the principle, the Service partner. The Company shall ensure that the original invoices it issues in the name and on behalf of the Service partner are in the same form as if they had been issued by the Service partner himself, particularly in relation to the mandatory details required by the applicable legislation. The Company shall also ensure that the original invoices it issues bear the wording “Invoice prepared by [the Company] in the name and on behalf of [name of Courier]”. Obligations of the Service partner The Service partner retains full liability for his legal and tax obligations in matters of billing for the original invoices issued in his name and on his behalf by the Company pursuant to these T&Cs, particularly in relation to his VAT obligations. The Company shall not be liable for breaches of the Service partner’s tax obligations, and shall have no joint and several liabilities for payment of any VAT, penalties or fines owed by the Service partner. The Service partner retains full liability, where applicable, for his status as beneficiary of the basic VAT allowance. The Service partner shall be responsible for all of his tax and VAT obligations. Dispute over invoices issued on behalf of the Service partner That Parties agree that the invoices issued within the framework of these T&Cs do not need to be formally authenticated by the Service partner. The Service partner shall have a period of fifteen days from its date of issue to contest the content of the invoice issued in his name and on his behalf by the Company. In the absence of dispute within this period, the Service partner shall be deemed to have accepted the invoice issued in his name and on his behalf. In the event of dispute, the Company shall issue a corrective invoice. The Price due from the User to the Service partner for the Delivery of Goods (less the commission owed to the Company and where applicable the cost of insurance) shall be paid directly to the Service partner’s Stripe account. Part 3 – Privacy Policy This Privacy Policy explains how we use your personal information to deliver your on-demand services (“Services”). This Policy (together with our terms and conditions of use and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. This policy applies to our website (https://gkaary.com/) (“our site”), to our mobile Applications software (“App”) and to any other method introduced by the Company that allows for the automated placing of orders between you and a Courier. Primarily this Policy is relevant to our registered users, who use our Services. However, it is also relevant to customers who receive deliveries from ordered through our website, and to general visitors to our website. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By providing us with your personal information, you agree to it being used and disclosed in the manner set out in this Policy. Information we may collect from you, we may collect and process the following data about you:
• Information you give us. You may give us information about you by filling in forms on our website or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our services, place an order with us, opt to receive delivery of an order, and/or when you report a problem with our site, apps, any other method introduced by the Company that allows for the automated placing of orders between a you and a Service partner or the Services.
• The information you give us may include your name; address; e-mail address; phone number; financial and credit card information; your delivery history; the history of the trips taken to make your deliveries; incidents or complaints relating to a delivery; and your signature.
• Information we collect about you. With regard to each of your visits to our site we may automatically collect the following information:
• Technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
• Information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
• Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or the other services we provide including call centre support. [This information may be shared internally and combined with data collected on this site.] We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, etc) and may receive information about you from them.