Terms and Conditions (Delivery Module)

These Terms of Use (“Terms”) govern the access or use by you, an individual, or an entity, placing a Delivery Request for or accessing applications, websites, content, products, and services made available by YOZEINC TECHNOLOGIES LLP, incorporated per Section 23(4) of LLP Act, 2008, with its registered office at Paramount Towers, 15th Road, Khar West, Mumbai 400052 (hereinafter referred to as "YOZEINC TECHNOLOGIES LLP" which expression shall, unless it be repugnant to the context or meaning thereof, means and includes the designated partners or partner at any time the survivors or survivor of them and the heirs, executors, administrators of the last surviving partner and his or her permitted assigns), who provides lead generation from the Clients to independent providers of Courier Services using BUYSAB Delivery Services.

If you are accessing or using BUYSAB Delivery Services on behalf of your company, you represent that you are authorized to accept these Terms & Conditions on behalf of your company, and all references to “you” or “Client” refer your company. BUYSAB Delivery Services enable an authorized Courier to seek, receive and fulfil Delivery Requests for Courier Services from an authorized Client of BUYSAB’s Applications and Site in India.

These Terms & Conditions of this Site and Applications provided by YOZEINC TECHNOLOGIES LLP define the conditions under which YOZEINC TECHNOLOGIES LLP grants the Client(s) and Courier(s) a license to use the Site and Applications to enable the Client(s) to entrust the Courier(s) with Delivery Requests and pay them, all within a determined contractual framework under the conditions set out in these Terms & Conditions.
The Couriers are independent of YOZEINC TECHNOLOGIES LLP. YOZEINC TECHNOLOGIES LLP only offers the Site and Applications enabling a Client to make contact with a Courier to have a Delivery of Goods made under these Terms & Conditions.

The service(s) offered by YOZEINC TECHNOLOGIES LLP are limited and restricted to only facilitating the Client to connect with the Courier and nothing more. It is the sole responsibility of the Courier to make the Delivery Request. YOZEINC TECHNOLOGIES LLP is not party to the contract entered / to be entered into between the Client and the Courier with regard to the Delivery Request.
Before making a Delivery Request, the Client should read these Terms & Conditions in full to ensure that the same are understood in entirety and further the Client is required at all times to mandatorily read and understand the terms & conditions  on which YOZEINC TECHNOLOGIES LLP and the Couriers provide the respective services.

This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

YOZEINC TECHNOLOGIES LLP does not facilitate or arranges supply of goods via BUYSAB Delivery Services.

These Terms & Conditions comprise the following:

• Part A – “General use of BUYSAB Delivery Service, restrictions, ownership and payment method provided by YOZEINC TECHNOLOGIES LLP to its Clients and Couriers through use of Site/Applications”.
• Part B – “Use of BUYSAB Delivery Services and Liability Terms between Courier and Client of Site and Applications”, which apply to the Courier Services provided by the Courier to a Client of the Site and Applications.
• Part C – “Courier Terms” which apply to relations between the Client and the Courier only for Delivery Request.
• Part D – “Site Terms” which apply to the general use of the Site, regardless of whether any BUYSAB Delivery Services are received.
• Part E – “General Terms” which apply to the use of BUYSAB Delivery Services and these Terms.
• Part F – “Special Conditions” which apply to the Couriers.
• Schedule I
• Schedule II
• Schedule III Applicable contracts, including:
  • Schedule III A. Technology service agreement between the Client and YOZEINC TECHNOLOGIES LLP – applies to contractual relations between YOZEINC TECHNOLOGIES LLP and the Client;
  • Schedule III B. Agreement for providing Courier Services – applies to contractual relations between the Client and the Courier.

Acceptance of the Terms

The use of the Site and Applications is subject to acceptance of these Terms.

Only the acceptance of these Terms enables the Members to access BUYSAB Delivery Services offered by the Site and Applications. These Terms must be accepted in their entirety and without amendment.

These Terms include clauses which relate to the Delivery of Goods, which are expressly accepted by the Client through issuing a Delivery Request.

No special condition or other general conditions issued by the Client and/or the Courier shall prevail over these Terms.

  Amendments to the Terms

YOZEINC TECHNOLOGIES LLP reserves the right to amend these Terms at any time, notably owing to the evolution of the functionalities offered by the Site and the Applications or the rules of operation of BUYSAB Delivery Services. The amendment shall take effect immediately upon making the amended version of the Terms available through the Site, which every Member must have first read and accepted in order to use BUYSAB Delivery Services. If a Member objects to the amendment to the Terms, he/she must refrain from using the Site or Applications and BUYSAB Delivery Services.

When the amendment occurs after payment by the Client of a sum of money corresponding to a Delivery Request, 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, YOZEINC TECHNOLOGIES LLP shall inform the Member of such change via mobile application push notifications or by email at the address notified by the Member.

Definitions

In these Terms, capitalized terms shall have the meanings set out below:

“Account” shall mean the user account created by the Member at the time of registration for purpose of availing BUYSAB Delivery Services.

“Applications”/ “App” or “BUYSAB Application/Website” means the computer applications accessible from a Device and enabling access to BUYSAB Delivery Services and shall include website www.buysab.com,  mobile applications BUYSAB for Android and iOS.

“Assigned Courier” the Courier automatically chosen to provide the Courier Services to the Client.

“BUYSAB Delivery Services” mean YOZEINC TECHNOLOGIES LLP on-demand lead generation and related services that enable the Client to seek and receive on-demand requests for Courier Services from the Courier; such BUYSAB Delivery Services include access to BUYSAB Application/Website/website and YOZEINC TECHNOLOGIES LLP’s software, payment services, and related support services systems, as may be updated or modified from time to time.

“Client” means an end Client that is you, the adult individual, or the corporate entity represented by a duly authorized individual, authorized by YOZEINC TECHNOLOGIES LLP to use BUYSAB Delivery Services for the purpose of obtaining Courier Services.

“Client Content” shall mean any Content that the Client saves, submits, posts, displays, uploads, shares, transmits, through or their BUYSAB profile, including but not limited to, images, photos, documents, and contact details saved therein by the Client, profile information, and any other Content or information that Client stores or makes available on the Site and/or Application.

“Collection Address” means the collection address of the Goods stated on the Delivery Request.

“Content” shall include, without limitation, data, text, written posts, software, scripts, interactive features generated, graphics, images, photos, documents, audio, video, all other forms of information or data.

“Customer services” means the portion of the Applications that allows Clients to contact BUYSAB Delivery Services for addressing of any queries in respect of the BUYSAB Delivery Services.

“Courier” means the independent person registered in the Courier App, seeking for rendering the Courier Services.

“Courier App” means the mobile application provided by YOZEINC TECHNOLOGIES LLP that enables Courier to access BUYSAB Delivery Services for the purpose of seeking, receiving, and fulfilling on-demand requests for Courier Services by the Client, as may be updated, or modified from time to time.

“Courier Services” means provision of courier delivery services to You via BUYSAB Delivery Services in the Territory.

“Delivery Address” means the delivery address or multiple delivery addresses for the Goods stated on the Delivery Request.

“Delivery Request” means a request posted by a Client for a Couriers’ acceptance to provide the Delivery Services set out in the Request Details.

“Delivery (ies) of Goods” or “Delivery Services” means the Courier Services provided by the Courier(s) to the Client via the Applications.

“Device” means the Client’s or the Courier’s Device, through which the Client or the Courier will access BUYSAB Delivery Services; means a mobile device, computer/laptop owned or any other device owned or controlled by the Member: (a) that meets the specifications for mobile devices as set forth at www.buysab.com and (b) on which the App has been installed as authorized by YOZEINC TECHNOLOGIES LLP for the purpose of obtaining Courier Services or providing the Courier Services that can allow the Member to have access to website of YOZEINC TECHNOLOGIES LLP i.e.www.buysab.com

“Excluded Items” means the excluded items listed in Schedule I.

“Force Majeure Event” means any circumstance not within a Party’s reasonable control including, without limitation:

(a) acts of God, flood, drought, earthquake or other natural disaster;

(b) Epidemic or pandemic;

(c) 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;

(d) Nuclear, chemical or biological contamination or sonic boom;

(e) 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;

(f) Collapse of buildings, fire, explosion or accident;

(g) 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);

(h) Non-performance by suppliers or subcontractors (other than by companies in the same group as the Party seeking to rely on this clause); and

(i) Interruption or failure of utility service.

“Goods” means the item(s) subject to the Delivery Request, with the exception of the Excluded and prohibited Items.

“Member” means either the Courier or the Client.

“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)”.

“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 Client as Recipient of the Goods and located at the Delivery Address or, where applicable, within a nearby adjacent area.

“Request Details” means all details to be provided by a Client when requesting a Delivery of Goods via the Site or Applications, including the following: Delivery Addresses, timeslots, nature of Goods, weight of parcels, Client and Receivers’ valid mobile phone numbers.

“Party (ies)” means any of the parties, being the Courier, the Client or YOZEINC TECHNOLOGIES LLP.

“Prohibited Item” means the items listed in Schedule 1.

“SC” means the special conditions of these Terms that apply to the Couriers only.

“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 Client as sender of the Goods and located at the Collection Address.

“Service Fee” means a quote, calculated automatically by BUYSAB Delivery Services for the execution of a Delivery of Goods and includes the remuneration for the Delivery of Goods and BUYSAB Delivery Services billed to the Client under the conditions set out in Schedule II.

“Site” means www.buysab.com, providing access to BUYSAB Delivery Services.

“Technology” means the Site, Applications and any other method introduced by YOZEINC TECHNOLOGIES LLP that allows for the automated placing of Delivery Requests between a Client and a Courier.

“Terms” means these terms and conditions and their schedules.

“Territory” means India in which the Client can request for delivery of Goods.

Part A- THE GENERAL USE OF BUYSAB DELIVERY SERVICES, RESTRICTIONS, OWNERSHIP AND PAYMENT METHOD PROVIDED BY YOZEINC TECHNOLOGIES LLP TO ITS CLIENTS AND COURIERS THROUGH USE OF SITE/APPLICATIONS.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING BUYSAB DELIVERY SERVICES.

Your access and use of BUYSAB Delivery Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and YOZEINC TECHNOLOGIES LLP.

If you do not agree to these Terms, you may not access or use BUYSAB Delivery Services. These Terms expressly supersede prior agreements or arrangements with you. YOZEINC TECHNOLOGIES LLP may immediately terminate these Terms or any BUYSAB Delivery Services with respect to you, or generally cease offering or deny access to BUYSAB Delivery Services or any portion thereof, at any time for any reason.

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

YOZEINC TECHNOLOGIES LLP may provide to a claim’s 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.

BUYSAB Application/Website and Site constitute a technology platform that enables Clients of YOZEINC TECHNOLOGIES LLP’s mobile applications or websites provided as part of BUYSAB Delivery Services to arrange and schedule Delivery of Goods and/or logistics services with independent third-party providers of such services, including independent third-party courier service providers under agreement with YOZEINC TECHNOLOGIES LLP. Unless otherwise agreed by YOZEINC TECHNOLOGIES LLP in a separate written agreement with you, BUYSAB Delivery Services are made available solely for your personal use / use for business needs.

 

YOU ACKNOWLEDGE THAT YOZEINC TECHNOLOGIES LLP DOES NOT PROVIDE COURIER SERVICES AND THAT ALL SUCH COURIER SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY YOZEINC TECHNOLOGIES LLP OR ANY OF ITS AFFILIATES.

 

License

Subject to Member compliance with these Terms, YOZEINC TECHNOLOGIES LLP grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to:
(i) access and use the Applications on your Device solely in connection with your use of BUYSAB Delivery Services; and (ii) access and use any content, information and related materials that may be made available through BUYSAB Delivery Services, in each case solely for your personal use / use for business needs. Any rights not expressly granted herein are reserved by YOZEINC TECHNOLOGIES LLP and YOZEINC TECHNOLOGIES LLP’s licensors.

YOZEINC TECHNOLOGIES LLP or its licensors is the holder or licensee of the intellectual property rights both of the general structure of the Technology and of its content (texts, slogans, graphics, images, videos, photos and other content), to the exclusion of those provided by registered Members.

 

Restrictions

• Any representation, reproduction, modification, distortion and/or total or partial exploitation of the Technology and/or BUYSAB Delivery Services, by any process and by any means, without the express prior permission of YOZEINC TECHNOLOGIES LLP, is prohibited and constitutes acts of infringement of copyright.
• The Technology may be used in compliance with its exclusive purpose, notably in compliance with the terms of these Terms and solely for the personal or business needs of the Member.
• Members are permitted to view, print and download extracts from the Site for Members’ own use on the basis that:
• No documents or related graphics on the Site are modified in any way;
• No graphics on the Site are used separately from the corresponding text; and
• Our copyright notices and this permission notice appear in all copies.

• Members recognize and accept that the access to Technology provided by YOZEINC TECHNOLOGIES LLP does not entail any assignment or licensing of intellectual property rights (notably copyright) and other rights to Members, except for the limited license granted above.

• Save with the prior written permission of YOZEINC TECHNOLOGIES LLP, Members shall not under any circumstances: i) combine the Technology with any other work, particularly software; ii) provide the Technology by any means to a third party; or iii) lease or transfer all or part of the Technology to a third party, including other companies and entities of the group to which he belongs, and is prohibited from any use other than that granted by these Terms.

• Members shall not, directly or indirectly, including by any third party, by any means, without limitation, modifying, correcting, adapting, translating, arranging, disseminating, transferring, distributing, decompiling, making copies or backups outside of the conditions set out in these Terms, granting a loan, rental, assignment or any other type of provision, irrespective of the means, including via the internet, distributing or marketing free of charge or for a valuable consideration, etc., the Technology, and generally altering it in any way whatsoever, including the copyright statements, or attempting to do any of these things.

• Members shall only link to the Site on the basis that a Member links to, but does not replicate, the home page of the Site, and subject to the following conditions:

• the Member does not remove, distort or otherwise alter the size or appearance of any logos used by YOZEINC TECHNOLOGIES LLP on the Site;
• Member does not create a frame or any other browser or border environment around the Site;
• Member does not in any way imply that YOZEINC TECHNOLOGIES LLP is endorsing any products or services other than YOZEINC TECHNOLOGIES LLP’s own;
• Member does not misrepresent the relationship with YOZEINC TECHNOLOGIES LLP nor present any other false information about it;
• Member does not otherwise use any trademarks owned by YOZEINC TECHNOLOGIES LLP (whether these are registered or unregistered) which are displayed on the Site without YOZEINC TECHNOLOGIES LLP express written permission;
• Member does not link from a website that is not owned by the Member; and
• Member’s website does not contain content that YOZEINC TECHNOLOGIES LLP, in its sole discretion, considers to be distasteful, offensive or controversial, in infringement of any intellectual property rights or other rights of any other person or which doesn’t otherwise comply with all applicable laws and regulations.

Domain name protection

You agree not to register any domain name that includes the word ‘BUYSAB, or ‘YOZEINC TECHNOLOGIES LLP’; infers it is connected to YOZEINC TECHNOLOGIES LLP or in any way casts aspersions on YOZEINC TECHNOLOGIES LLP.

 

Third-party services and Content

BUYSAB Delivery Services may be made available or accessed in connection with third-party services and Content (including advertising) that YOZEINC TECHNOLOGIES LLP 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. YOZEINC TECHNOLOGIES LLP does not endorse such third-party services and content and in no event shall YOZEINC TECHNOLOGIES LLP 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 BUYSAB Delivery Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third-party beneficiaries are not parties to this Terms and are not responsible for the provision or support of BUYSAB Delivery Services in any manner. Your access to BUYSAB Delivery Services using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service. YOZEINC TECHNOLOGIES LLP does not represent, or endorse the accuracy, relevancy, copyright, compliance, legality, completeness, timeliness or quality of any product, services, advertisements, and other content appearing in or linked to the Site and / or Application. Third-party services do not reflect the views of YOZEINC TECHNOLOGIES LLP or that of YOZEINC TECHNOLOGIES LLP’s parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders.

 

Ownership

BUYSAB Delivery Services and all rights therein are and shall remain YOZEINC TECHNOLOGIES LLP’s property or the property of YOZEINC TECHNOLOGIES LLP’s licensors. Neither these Terms nor your use of BUYSAB Delivery Services convey or grant to you any rights: (i) in or related to BUYSAB Delivery Services except for the limited license granted above; or (ii) to use or reference in any manner YOZEINC TECHNOLOGIES LLP’s company names, logos, product and service names, trademarks or services marks or those of YOZEINC TECHNOLOGIES LLP’s licensors.

 

Your Use of the Services Accounts

In order to use most aspects of BUYSAB Delivery Services, you must register for and maintain an active personal Account. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to YOZEINC TECHNOLOGIES LLP 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 BUYSAB Delivery Services or YOZEINC TECHNOLOGIES LLP’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. Unless otherwise permitted by YOZEINC TECHNOLOGIES LLP in writing, you may only possess one Account.

Client requirements and conduct

BUYSAB Delivery 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 Courier Services from Couriers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using BUYSAB Delivery Services and you may only use BUYSAB Delivery Services for lawful purposes (e.g., no delivery of unlawful, or hazardous materials, or items listed in Schedule I). You will not, in your use of BUYSAB Delivery Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Courier or any other party or any other third party. In certain instances, you may be asked to provide proof of identity to access or use BUYSAB Delivery Services, and you agree that you may be denied access to or use of BUYSAB Delivery Services if you refuse to provide proof of identity.

Text messaging

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

Client Content

YOZEINC TECHNOLOGIES LLP may, in YOZEINC TECHNOLOGIES LLP’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to YOZEINC TECHNOLOGIES LLP through BUYSAB Delivery Services textual, audio, and/or visual content and information, including commentary and feedback related to BUYSAB Delivery Services, initiation of support requests, and submission of entries for competitions and promotions. Any Client Content provided by you remains your property. However, by providing Client Content to YOZEINC TECHNOLOGIES LLP, you grant YOZEINC TECHNOLOGIES LLP a worldwide, 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 Client Content in all formats and distribution channels now known or hereafter devised (including in connection with BUYSAB Delivery Services and YOZEINC TECHNOLOGIES LLP’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 Client Content or you have all rights, licenses, consents and releases necessary to grant YOZEINC TECHNOLOGIES LLP the license to the Client Content as set forth above; and (ii) neither the Client Content nor your submission, uploading, publishing or otherwise making available of such Client Content nor YOZEINC TECHNOLOGIES LLP’s use of the Client 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 hereby grant to YOZEINC TECHNOLOGIES LLP a non – exclusive, conditional, royalty – free license to use your Content, and your trade and service marks, trade and service names, logos, domain names, and copyrights solely for and to the extent required for YOZEINC TECHNOLOGIES LLP to provide the BUYSAB Delivery Services to you. You hereby undertake that during the term of BUYSAB Delivery Services being provided to you, the Content shall not infringe upon any proprietary right, or misappropriate any trade secret, of any third party.

 

Network access and Devices

You are responsible for obtaining the data network access necessary to use BUYSAB Delivery Services. Your mobile network’s data and messaging rates and fees may apply if you access or use BUYSAB Delivery Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use BUYSAB Delivery Services and any updates thereto. YOZEINC TECHNOLOGIES LLP does not guarantee that BUYSAB Delivery Services, or any portion thereof, will function on any particular hardware or devices. In addition, BUYSAB Delivery Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

 

Disclaimer; Limitation of Liability; Indemnity

 

DISCLAIMER

BUYSAB DELIVERY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YOZEINC TECHNOLOGIES LLP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, YOZEINC TECHNOLOGIES LLP MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF BUYSAB DELIVERY SERVICES OR ANY SERVICES OR GOODS REQUESTED TO BE DELIVERED THROUGH THE USE OF BUYSAB DELIVERY SERVICES, OR THAT BUYSAB DELIVERY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOZEINC TECHNOLOGIES LLP DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF BUYSAB DELIVERY SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

You expressly agree and acknowledge that YOZEINC TECHNOLOGIES LLP shall not guarantee the availability or uptime of BUYSAB Delivery Services.

IT IS EXPRESSLY CLARIFIED THAT BUYSAB DELIVERY SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. YOU AGREE THAT YOZEINC TECHNOLOGIES LLP SHALL NOT BE HELD RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES, LIABILITIES OR LOSSES RESULTING FROM SUCH PROBLEMS.

At any time if YOZEINC TECHNOLOGIES LLP believes that the BUYSAB Delivery Services are being utilized by you in contravention of the terms and provisions of these Terms, YOZEINC TECHNOLOGIES LLP shall have the right to forthwith remove/block/close your Account and furnish such details about you upon a request from the legal/statutory authorities or under a court order.

Nothing on the BUYSAB Delivery Services constitutes or is meant to constitute as advice provided or recommendation made by YOZEINC TECHNOLOGIES LLP.

Nothing contained in BUYSAB Delivery Services creates any contract or right of action against YOZEINC TECHNOLOGIES LLP. It is offered solely as a service to Clients and YOZEINC TECHNOLOGIES LLP makes no warranties, express or implied, regarding the information contained in the BUYSAB Delivery Services including BUYSAB content shared with Clients.

Following charges levied by YOZEINC TECHNOLOGIES LLP’s payment gateway service provider, shall be to the account to the Client and shall be deducted from the credit available in the Client’s account:

(i) the sum of all fees denied, refused, or charged back to the Client;

(ii) all inquiries, cancellations, disputes and refunds that may be processed on the account of the payment gateway services provider on the fees paid by the Client;

(iii) any taxes, penalties, rolling reserves, charges or other items that may be processed on the account of the payment gateway services provider and is reimbursable by YOZEINC TECHNOLOGIES LLP to the payment gateway service provider;

(iv) any amounts due which may be reimbursable by YOZEINC TECHNOLOGIES LLP to the payment gateway service provider;

(v) any charges, penalties or any amount imposed upon the payment gateway service provider with respect to any transaction on the Site or Application by YOZEINC TECHNOLOGIES LLP;

(vi) any bank fees, transaction fees or service penalty fees incurred by the payment gateway service provider due to charge backs or excessive refunds; and

(vii) payment gateway service provider’s transaction discount rates for any transaction on the Site or Application by the Client and refunds processed on account of the Client’s fees.

YOZEINC TECHNOLOGIES LLP will have no liability related to any Content arising under intellectual property rights, libel, privacy, publicity, obscenity, or other laws. YOZEINC TECHNOLOGIES LLP also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any Content.

LIMITATION OF LIABILITY

YOZEINC TECHNOLOGIES LLP SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR SERVICES, LOSS OF AGREEMENTS OR CONTRACTS, ANTICIPATED SAVINGS, DAMAGE TO GOODWILL, CORRUPTION OF SOFTWARE OR CORRUPTION, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE BUYSAB DELIVERY SERVICES, EVEN IF YOZEINC TECHNOLOGIES LLP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOZEINC TECHNOLOGIES LLP SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON BUYSAB DELIVERY SERVICES OR YOUR INABILITY TO ACCESS OR USE BUYSAB DELIVERY SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, EVEN IF YOZEINC TECHNOLOGIES LLP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOZEINC TECHNOLOGIES LLP SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND YOZEINC TECHNOLOGIES LLP’S REASONABLE CONTROL.

 

YOZEINC TECHNOLOGIES LLP’S SERVICES MAY BE USED BY YOU TO REQUEST FOR COURIER DELIVERY OF ITEMS, GOODS OR LOGISTICS SERVICES WITH THIRD-PARTY PROVIDERS, BUT YOU AGREE THAT YOZEINC TECHNOLOGIES LLP HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY COURIER OF ITEMS/ GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD-PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

 

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A MEMBER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

 

YOZEINC TECHNOLOGIES LLP IS NEITHER AN INSURER NOR A COURIER SERVICE PROVIDER UNDERTAKING COVERAGE FOR THE PARCEL CHOSEN FOR DELIVERY BY THE CUSTOMER USING BUYSAB DELIVERY SERVICES.

YOZEINC TECHNOLOGIES LLP shall not be liable to any Member, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms for:

• losses arising as a result of any information provided by Members, including in relation to the dissemination of such information on BUYSAB Delivery Services;
• losses arising in connection with any use of the Technology and/or BUYSAB Delivery Services by a Member which is in breach of these Terms;
• losses arising in connection with: (i) the use or unavailability of BUYSAB Delivery Services; and (ii) access to BUYSAB Delivery Services by an unauthorised Client;
• losses arising in connection with any malfunction of any nature relating to the Member’s Device and his connection to the internet upon accessing BUYSAB Delivery Services;
• losses arising in connection with mechanical, electronic or electrical derangement of the Goods unless caused by external means; or caused by: latent or inherent defect; defective or inadequate packing, insulation or labelling; shortage in weight, evaporation or ordinary leakage; deliberate abandonment of the Goods or other property: vermin, wear, tear or gradual depreciation; or inherent vice.

Indemnity

You agree to indemnify and hold YOZEINC TECHNOLOGIES LLP and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of BUYSAB Delivery Services or services or goods obtained through your use of BUYSAB Delivery Services; (ii) your breach or violation of any of these Terms; (iii) YOZEINC TECHNOLOGIES LLP’s use of your Client Content; or (iv) your violation of the rights of any third party, including third-party Providers.

Governing Law

These Terms and any contract between us shall be governed by and interpreted in accordance with Indian Law and the courts at Mumbai, India shall have exclusive jurisdiction over any disputes between us.

Arbitration

The Parties shall endeavor to amicably, through discussions, settle and resolve any dispute or difference arising out of or in relation to this Agreement (“Dispute”) within 15 (fifteen) days from the commencement of such Dispute. In the event the disputing parties fail to resolve the Dispute within the period of 15 (fifteen) days, the Dispute shall be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted by a sole arbitrator mutually appointed by the disputing parties. If the Parties have not been able to appoint the sole arbitrator within 3 (three) weeks from the service of notice of arbitration, then either Party may apply to Mumbai Centre for International Arbitration (“MCIA”) for appointment of a sole arbitrator, in accordance with the provisions of the Arbitration Rules of the MCIA (“Rules”) (which Rules are deemed to have been incorporated herein) for the time being in force. All proceedings of such arbitration shall be conducted in accordance with the Rules and the proceedings along with the arbitration award shall be in the English language. The seat of the arbitration shall be Mumbai. The award in the arbitration will be final and binding on the Parties. During the pendency of arbitration proceedings, each Party shall continue to perform its obligations under these Terms, to the extent possible. Subject to the seat stipulated hereinabove, the Parties may choose to have hearings over video conferencing.

The Parties agree that in the event of arbitration proceedings, all evidence admissible for the arbitration proceedings shall be of a documentary nature and no oral evidence shall be led by the Parties during the proceedings.

Other Provisions

Claims of Copyright Infringement

Claims of copyright infringement should be sent to the Grievance Officer stated in Part C in these Terms.

Notice

YOZEINC TECHNOLOGIES LLP may give notice by means of a general notice on the BUYSAB Application/Website, electronic mail to your email address in your Account. You may give notice to YOZEINC TECHNOLOGIES LLP by written communication to YOZEINC TECHNOLOGIES LLP’s address.

General

You may not assign or transfer these Terms in whole or in part without YOZEINC TECHNOLOGIES LLP’s prior written approval. You give your approval to YOZEINC TECHNOLOGIES LLP for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of YOZEINC TECHNOLOGIES LLP’s equity, business, or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, YOZEINC TECHNOLOGIES LLP or any third-party provider as a result of the contract between you and YOZEINC TECHNOLOGIES LLP.
If any provision of these Terms is held to be illegal, invalid, or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the Parties shall replace the illegal, invalid, or unenforceable provision or part thereof with a provision or part thereof that is legal, valid, and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid, or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the Parties with respect to its subject matter and replace and supersede all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”

In the event of any outstanding dues arising from a previous Delivery Request or any other events including without limitation, cases of short charging of the сharges, taxes, statutory fees, value added service fee, and so forth, owing to any technical error or any other reason, whatsoever, YOZEINC TECHNOLOGIES LLP shall reserve the right to deduct, charge or claim the balance amount from the Member and the Member shall promptly pay such balance amount to YOZEINC TECHNOLOGIES LLP. In cases where there are outstanding dues or short charge is claimed before the placement of a new Delivery Request, the Member shall not be entitled to place such new Delivery Request if the outstanding amount is not cleared in relation to the previous Delivery Requests

PART B – USE OF BUYSAB DELIVERY SERVICES AND LIABILITY TERMS BETWEEN COURIER AND CLIENT OF SITE AND APPLICATION.

Registration Process

Formation of contract

• YOZEINC TECHNOLOGIES LLP, acting as an e-commerce platform providing BUYSAB Delivery Services of connecting the Clients and Couriers, by giving them access to YOZEINC TECHNOLOGIES LLP’s Site and Applications in order to undertake a Delivery of Goods under these Terms.
• 
  For the avoidance of doubt, YOZEINC TECHNOLOGIES LLP is not a Courier and is acting only as an intermediary between the Clients and the Courier. The Delivery of Goods is subject to an electronic contract between the Client and the Courier, which is formed via the Site and Applications, under these Terms.
• 
  The Delivery Request comprising a Collection Address, a Sender, a Recipient, and a Delivery Address, is issued by the Client, via the Site or Applications, and constitutes an offer for services of Delivery of Goods at the price communicated in the Service Fee.
• 
  The Client irrevocably acknowledges and accepts that the above creates a sufficiently precise, firm, unequivocal and unreserved offer which is irrevocable, and is binding on the Client upon acceptance by a Courier of a Delivery Request.
• 
  YOZEINC TECHNOLOGIES LLP takes no responsibility or liability over the contents of Goods requested under Delivery Requests placed by Clients. The Site and Applications allows for the automated placing of Delivery Requests between a Client and a Courier without any human intervention by BUYSAB Application/Website or Site and BUYSAB Delivery Services are limited to connecting you with Couriers for completion of your Delivery Requests. We do not ‘check’ the Client’s Delivery Request before the Courier is assigned unless the placement of the Delivery Request triggers system generated alerts towards the nature of Delivery Requests. It is therefore essential that the pickup and Delivery Address is correctly entered and declared to the correct Courier Services and Service Fee to be displayed. The Service Fee will be based on the information you provide when placing the Delivery Request. You shall be solely liable for any third-party claims as may be raised in connection with the Goods handed over to the Courier.
• 
  YOZEINC TECHNOLOGIES LLP is not obliged to assign any Courier when you make a Delivery Request and YOZEINC TECHNOLOGIES LLP reserves the right to refuse and cancel any Delivery request.
• 
  A contract for BUYSAB Delivery Services will only be formed upon your Delivery Request placing with further your acceptance and acceptance by the Courier of the Delivery Request.
  • When the Delivery Request acceptance has been made, YOZEINC TECHNOLOGIES LLP, acting as an e-commerce platform providing BUYSAB Delivery Services of connecting the Clients and Couriers, moreover, acting as agent for the Courier, acting as Principal, will collect, via its banking service provider, the sums due for the Request Order undertaken by the Courier for the Client.

Use of BUYSAB Delivery Services

The Clients use the ecommerce platform trusting the following:

• YOZEINC TECHNOLOGIES LLP undertakes a background and other hygiene checks of the Couriers before on-boarding them;
• Couriers available on the App or Site have the requisite training to pick up and deliver the Goods;
• Application can track the movement of the Courier, in case required.• Delivery Requests of proprietary nature such as original documents, photo identifications or such other documentations (in physical form or comprised in electronic form as such a compact disk, USB device or otherwise) are not encouraged for handing over to Couriers on account of the sensitive nature. In the event any such Delivery Request is booked by the Client, the same shall be at the Client’s risk as to the consequences of delivery of such items.

• Only Members who accept these Terms are in a position to form legally binding contracts under Indian law and may use BUYSAB Delivery Services provided by YOZEINC TECHNOLOGIES LLP.
• The Member acknowledges and agrees that BUYSAB Delivery Services are only accessible online via the Site and the Applications.
• YOZEINC TECHNOLOGIES LLP reserves the right to notify other Clients of any actions that it, in YOZEINC TECHNOLOGIES LLP’s sole discretion deem serious, and which have led to the cancellation of a Client’s Delivery Request.
• If the Client is so prevented from using BUYSAB Delivery Services, the Client may appeal for reinstatement. The appeal must include a written statement as to why the Client should be reinstated along with the Client’s contact information. The appeal may be reviewed at YOZEINC TECHNOLOGIES LLP’s discretion and any determination as to the Client’s reinstatement will be at YOZEINC TECHNOLOGIES LLP’s sole discretion. A Client’s submission of an appeal does not, in any manner, guarantee that you will be reinstated or that the appeal will necessarily be reviewed. YOZEINC TECHNOLOGIES LLP will contact the Client as to its decision to reinstate you. YOZEINC TECHNOLOGIES LLP is not obligated to give you any reasoning as to its decision. All decisions are final.

Liability

No exclusion

Nothing in these Terms limits or excludes YOZEINC TECHNOLOGIES LLP’s liability to a Member for:

• death or personal injury caused by its negligence;
• fraud or fraudulent misrepresentation; or
• any other liability which cannot be limited or excluded at law.

Additional provisions in relation to the Delivery of Goods

• In addition to the provisions mentioned above, the following provisions apply in relation to the Delivery of Goods:
• The Client acknowledges and agrees that the quality of the Courier Services requested via the Site falls wholly under the responsibility of the particular Courier who accepted and/or effected the Delivery of Goods in question.
• YOZEINC TECHNOLOGIES LLP shall not be liable for the Delivery of Goods excluded and/ or prohibited pursuant to Schedule 1 of these Terms.
• YOZEINC TECHNOLOGIES LLP shall not be liable for any losses howsoever arising, in relation to any Deliveries of Goods by the Couriers or with regard to the acts, actions, behaviour, attitudes and/or negligence of the Courier.
• On the request of a Member, YOZEINC TECHNOLOGIES LLP shall use its best endeavors to seek to resolve any dispute over a Delivery of Goods executed by a Courier under Part C of these Terms.

Additional provisions applicable to the acts of the Members and the contractual relations between the Client and the Courier:

• In addition to the provisions of mentioned above, the following provisions apply in relation to acts of the Members and the contractual relations between the Client and the Courier:

• The Member is solely responsible for breaches and/or violations of the legislation applicable to them and to these Terms with regard to both YOZEINC TECHNOLOGIES LLP 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, YOZEINC TECHNOLOGIES LLP 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: i) the use of the Technology by the Member; ii) the relationship between the Courier and the Client; iii) the operation of the Method of Transport with regards to the Courier; and iv) the Delivery of Goods with regards to the Courier.

• The Member shall compensate YOZEINC TECHNOLOGIES LLP and/or third parties for any direct and indirect damages resulting from such violations and/or breaches.

 

Indemnity

The Member shall indemnify, defend and/or settle and hold harmless YOZEINC TECHNOLOGIES LLP against any loss or damage (including legal costs) which YOZEINC TECHNOLOGIES LLP 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 Terms.

 

Courier’s Liability

• The Courier may become liable for material damage and/or consequential loss, such as loss, theft, material damage, or destruction of the Goods during the Delivery of Goods, caused to the Clients, 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 shall be lesser of: i) the original value of the Goods; ii) the amount of their repair or reconstitution, in both cases up to the limit of Rs 10,000.  The Client and/or Recipient must provide receipts to support any claim.

• The Courier shall not be liable for any indirect loss resulting from the Delivery of Goods or the failure of the Delivery of Goods.

PART C – COURIER TERMS

These Part C Courier Terms apply only to the Client and the Courier in relation to the Delivery of Goods. YOZEINC TECHNOLOGIES LLP, providing lead generation and acting as an e-commerce platform providing BUYSAB Delivery Services of connecting the Clients and Couriers, at the same time. YOZEINC TECHNOLOGIES LLP acts as an agent, puts Clients in contact with the Courier, acting as Principal, by giving them access to the Technology in order to undertake a Delivery of Goods. All Delivery of Goods made by the Courier shall be subject to these Courier Terms.

Processes relative to the Deliveries of Goods

Request for Delivery of Goods by the Client

The Client acknowledges and agrees that this is essential information for the Delivery of Goods on the basis of which the Courier is bound.

• The Client represents and warrants to the Courier that the Client shall:
• Request the Delivery of Goods to a named individual, on the understanding that the Delivery of Goods can only be confirmed by the Recipient’s signature or by other means, if applicable by YOZEINC TECHNOLOGIES LLP;
• Specify the details, obvious or otherwise, of the Goods when they may have repercussions on the progress of the delivery by the Courier, in particular if they may affect the Method of Transport;
• Not request Delivery of Goods to a Recipient who is inaccessible or which would require unreasonable efforts by the Courier, such as Recipients who may be incarcerated or whose address is inaccessible by land and/or not close to a marked road;
• The details entered into the Delivery Request are correct and that the Goods correctly labelled (delivery of the Goods will be made based on the details contained on the Goods).
• Only use the Courier Services and the Delivery request for legal purposes.
• Not use the Courier Service for Items listed in Schedule I.
• Subject to the foregoing, a Service fee shall then be communicated to the Client for the Delivery of Goods.
• On acceptance by a Courier of a Delivery Request, the Client will be provided with the telephone number of the Courier.

Acceptance by the Courier of the Delivery Request

Acceptance by the Courier of a Delivery Request via the Site irrevocably binds the Courier to undertake the said Delivery of Goods under the conditions of the Terms and based on the applicable agreement stated in Schedule III B. The agreement stated in Schedule III B is concluded between the Client and the Courier accepted the Delivery request placed by the relevant Client.

Confirmation of the Delivery Request:

• Irrespective of the Method of Transport used, if the Courier accepts the Delivery Request, he undertakes to the Client to affect the Delivery of Goods under the conditions of the Terms and based on the applicable agreement stated in Schedule III B.
• Acceptance by a Courier of a Delivery Request shall be notified to the Client by a notification SMS message to the telephone number entered on the Site or Applications in the Delivery Request or through the Applications, and is deemed to constitute irrevocable conclusion of the contract binding the Client to the Courier that makes the Delivery of Goods, subject to the provisions of Part C of these Terms and the applicable agreement stated in Schedule III B.

Packaging of the Goods

• The Client shall ensure that the Goods are packaged with seal 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. The packaging requirements may differ for specific type of Goods being booked for Delivery and the Client shall ensure that such specific requirements such as containers, lids, food separators, labels, coverings and so forth are placed onto each of such Goods. Any Goods that have not been packaged correctly will be treated as Excluded Items. YOZEINC TECHNOLOGIES LLP shall not be responsible for providing the packaging material for the Goods and shall not be liable for missing content due to failure of packaging by the Client.

• Client shall ensure the outer and inner packing of the Goods should fully protect them from any damage in transit including transshipment. In case of damage to Goods in transit by cause of packaging of the Goods by the Client, the Client shall be liable for the same and shall take reasonable steps to replace the damaged Goods at the cost of the Client at the earliest.

• The Client shall comply with all the applicable laws and rules in respect of packaging and labeling of the Goods and shall be liable for and cover any losses suffered by the Courier and (or) YOZEINC TECHNOLOGIES LLP as a result of violation by the Client of the requirements of these Terms with regard to packing and marking.

• The Couriers will assume that Goods have been correctly packaged and will exercise a level of skill and care appropriate to that. Any claim resulting from the Goods that is not packaged to a reasonable standard and in line with the above may be declined. For further details see Part B above.

• All Goods must be able to withstand a short drop, the Delivery Services should not be used for very fragile items.

• The Courier has the right to refuse a Delivery Request for a motivated reason such as no packaging, insufficient packaging or where the Goods do not comply with the information given by the Client in the Delivery Request – for example the Goods contain deficient or ambiguous labelling, contains an Excluded or Prohibited item or is larger/heavier than stated. In such circumstances the Cancellation Fee shall be payable by the Client.

• On collection of the Goods the Courier on its own can change the state in Courier App proving that they collected the Goods, or a Verification Code (4 Digit SMS code) could be organized by YOZEINC TECHNOLOGIES LLP in order to receive a Courier’s approval regarding collection incurred, or Courier could take a picture at collection point. The modes listed herein are referred to as “Mode to confirm the receipt of the Goods”, which applies both to the collection by the Courier and to delivery at the Receiver. Each of these three options provided will be proof of collection as required for any issues that the Client may have with the Goods or processing of the Delivery Request.

• It is the Client’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 Courier’s responsibility to check this information, so please ensure this is checked before he leaves.

Collection of the Goods

• The Courier may need to contact the Client by telephone after acceptance of the Delivery Request.

• The Client or Sender must, at all times verify the credentials of the Courier arrived at pick-up the Goods. If the details do not match with the details sent by YOZEINC TECHNOLOGIES LLP, the Goods should not be handed over and should be reported to YOZEINC TECHNOLOGIES LLP immediately. If no verification done and parcel is handed over to an unknown person, YOZEINC TECHNOLOGIES LLP is not liable for any loss as may be suffered or incurred by the Client on account of any damage, theft, misappropriation, or pilferage of the Goods.

• The Courier may also need to contact the Sender and/or the Recipient, if not the Client, by telephone at the time of the Delivery of Goods.

• In this respect, the Client who has entered the telephone numbers of the Recipient and/or the Sender, so they can be contacted by the Courier within the framework of the Delivery of Goods, represents and warrants that he has obtained their agreement to do so.

• If the Courier is unable to contact the Client and/or the Sender and/or the Recipient, the Courier may automatically terminate the Delivery of Goods and YOZEINC TECHNOLOGIES LLP will charge in this case the Client the full Service Fee, in accordance with Part C of these Terms. In the event that the Delivery of Goods is terminated, the Courier will organize a Delivery of Goods to the Collection Address (reverse process) so that the Courier can return the Goods to the Sender or the Client. The cost of Delivery of Goods 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 Client’s chosen date and a 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 Courier availability in applying the Delivery request to meet the Client’s requirements.

• The automated system on the Site and Applications requests collection times as set out in the Client’s Delivery Request. In the event that the Courier is unable to collect the Goods within the timeframe set out in the Delivery Request, the Courier will endeavour to notify the Client of the revised collection time as soon as possible.

• Where a failure to collect the Goods in accordance with the Delivery Request arises from the acts, actions, behaviour, attitudes and/or negligence of the Courier, the Courier and the Client must be contacted YOZEINC TECHNOLOGIES LLP with the proposed option for both Courier and the Client.

 

Execution of the Delivery of Goods by the Courier

• The Courier is deemed to be in possession of the Goods the Courier has duly collected the Goods and a due Mode to confirm the receipt of the Goods is used.

• The Courier 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 Delivery of Goods within a reasonable timeframe, taking into account the Method of Transport, the Goods, the traffic and weather conditions, etc.

Delivery of the Goods by the Courier to the Recipient

• The Delivery of the Goods by the Courier to the Recipient is provided by the use of one of the Mode to confirm the receipt of the Goods.

• Delivery of Goods is possible 24/7/365 but are subject to Courier availability in applying the Delivery Request to meet the Client’s requirements.

• If a Courier has been unable deliver the Goods, the Courier will make reasonable attempts to notify the Client by email, text and/or phone call to try to ensure the delivery can occur. After making such reasonable attempts, the Courier may cancel the Delivery of Goods in accordance with Part C of these Terms. A cancellation fee of up to 50% of the Service Fee will apply.

• The Client can request that the Delivery of Goods and collection may be made to or from a neighbouring address or an unmanned address by calling YOZEINC TECHNOLOGIES LLP’s call centre. The Courier shall not be liable for any claims that the Goods were not delivered where the Courier has confirmed in real time that the Goods was delivered. The Courier may take a photograph of the Delivery of Goods at an unmanned address as proof of delivery.

• Couriers can only deliver to a full street address. The Courier cannot deliver to a PO Box or BFPO address.  If a full street address has not been provided and the Courier has been unable to make a Delivery of Goods, no refund will be given to the Client and an additional charge of up to 50% of the Service Fee will be payable as a cancellation fee by the Client.

 

Cancellation of Delivery of Goods

Cancellation by the Client

• The Client is not obliged to accept any of the Service Fees and may cancel their Delivery Request, without cost, provided that no Delivery Request acceptance has been made.

• Once the Client confirms a Delivery Request acceptance, the Client may cancel their Delivery Request, provided that the Courier has not collected, or attempted to collect, the Goods from the Sender.  A cancellation fee of up to 50% of the Service Fee may apply.

• Once the Goods have been collected by the Courier, the Service Fee or a Delivery Request could be changed only by contacting YOZEINC TECHNOLOGIES LLP.
• In the event that the Delivery of Goods is cancelled by the Client after collection of the Goods by the Courier, the Courier will organize a Delivery of Goods to the Collection Address (reverse process) so that the Courier can return the Goods to the Sender or the Client. 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 Courier

The Courier may only cancel a Delivery Request 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 labelled correctly;

• If the Goods contain a Prohibited or Excluded Item; or

• If the Courier cannot execute the Delivery of Goods without communicating with the Client and/or the Sender and/or the Recipient and is unable to connect with the Client and/or the Sender and/or the Recipient on the telephone numbers provided.

• The cancellation by the Courier of the Delivery of Goods for the aforementioned reasons must be considered as cancellation by the Client as defined in Part C of these Terms, and the cancellation fee shall be billed to the Client.

Damaged Goods

• Upon Delivery of Goods, the Client shall, unless otherwise agreed in advance, sign (or ensure that the Recipient signs) for the Goods, indicating to the Courier that the Goods are undamaged.

• In the event of loss or damage to the Goods, the Recipient must refuse to sign for the Delivery Request confirmation and explain the reasons to the Courier. The Client shall also notify YOZEINC TECHNOLOGIES LLP of any loss or damage to the Goods separately in writing within 72 (Seventy-two hours) from the time of placing the Delivery Request.

• In the absence of detailed reservations recorded by the Recipient at the time of the Delivery of Goods, it shall be the Client’s responsibility to prove that the damage took place during the Delivery of Goods by the Courier, and to establish that the damage was caused during the Delivery of Goods by the Courier.

• Once the Courier has left Delivery Address, all enquiries relating to loss or damage to the Goods should be directed through YOZEINC TECHNOLOGIES LLP as agent for the Courier.

• 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, YOZEINC TECHNOLOGIES LLP reserves the right to close the claim. The Client can send an email to submit a damage/loss claim to [email protected]

• To proceed with a claim, the Client will need to have proof that the Courier 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 Courier. 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. YOZEINC TECHNOLOGIES LLP may also ask for photographs of the internal and external packaging as well as the damaged item to process the claim.

• If the Client makes a claim relating to damaged Goods, the Courier may also ask for an estimate of repair costs for the Goods supplied by a specialist. If the Goods cannot be repaired, then the Courier would need this in writing from the specialist. YOZEINC TECHNOLOGIES LLP will take no liability for damaged goods that is perishable within 2-3 hours.

• A claim relating to lost Goods can only be processed once the Courier 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 by the Courier to the Client.

• Subject to Part B, the Courier will not be liable (whether in negligence or otherwise) to the Client in respect of any loss or damage of Goods unless legal proceedings are commenced against the Courier 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 Service Fee owed by the Client shall be made in any circumstance other than those listed in Part B and C of these Terms, including without limitation, the refusal of the Goods by the Recipient, or their refusal to receive the Goods. If the Recipient refuses to accept the Goods for any reason other than those set out in Part C the Courier shall return the Goods through a Delivery of Goods and the Client will be billed for such return.

• The Client acknowledges and agrees that the Courier 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 Client to YOZEINC TECHNOLOGIES LLP in addition to the Service Fee. When a surcharge is payable, it may be charged directly to the payment method used to make the initial Delivery Request (and the Client hereby authorize the automated payment of such charges).

• Any surcharges represent the additional administrative costs, which will be suffered by the Courier in connection with the Courier Services and charges which YOZEINC TECHNOLOGIES LLP may incur.  YOZEINC TECHNOLOGIES LLP act on behalf of the Courier as agent for the purpose of collecting any surcharges. This information is made available to you prior to placing the Delivery Request.

• 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 Delivery Request, if requested by the Client, the Courier will wait for collection of the Goods. An additional charge of 50 INR per 15 minutes (in addition to the Service Fee remaining payable for the Delivery of Goods) shall be charged to the Client if the Courier waits for the Goods for more than 15 minutes after the proposed collection time set out in the Delivery Request.

• A surcharge of up to 100% of the Service Fee (in addition to the Service Fee remaining payable) may be applied when the Courier tries to deliver the Goods and is unable to deliver in accordance with the Delivery Request, after the Courier’s attempts to contact the Client and/or the Sender 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, behaviour, attitudes and/or negligence of the Courier, the Client is not liable for the surcharge.

• A surcharge of respective value (in addition to the Service Fee remaining payable) will be applied if the Receiver refuses to take Delivery of the Goods and the Goods need to be sent back to the collection point or if it is not, in the reasonable opinion of the Courier, 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 and initial Sender is the current Recipient.

• By entering the weight of the Goods on the site the Client is pre-paying for the postage. Before providing the Courier Services, the Courier will be making a judgment as to whether they have room to take the Goods. Accordingly, it is important to be accurate. If the Goods are significantly heavier than the additional weight the Courier is entitled, acting reasonably, to refuse to take the Goods and a cancellation fee of up to 50% of the Service Fee will be payable.

 

Grievance Officer

• In accordance with the Information Technology Act, 2000 and rules made thereunder, Consumer Protection Act, 2019 and Consumer Protection (E – Commerce Rules), 2020 and rules made thereunder, the name, contact details and designation of the “Grievance Officer” are provided below:

Email: support@buysab.com

Timings: within 48 hours of the issue’s receipt and redress the same within 1 month of the date of receipt of the grievance.

In the event of any questions or comments or complaints (including any inquiries or issues related to use of a trademark, trademark, or copyright infringement) raised by the Client, regarding the Site or BUYSAB Delivery Services, the same shall be acknowledged and redressed by the Grievance Officer within the timelines specified under applicable laws.

PART D – SITE TERMS

Access to and availability of the Applications and BUYSAB Delivery Services

• BUYSAB Delivery Services are freely and exclusively accessible online on the Site and the Applications.

• YOZEINC TECHNOLOGIES LLP shall make every effort to put a Client in contact with an available Courier, in his geographical area, able to accept a Delivery Request in their geographical area. However, it cannot guarantee availability of a minimum of one Courier, and/or the times of consultation of the Delivery Services by the Client, and/or the Methods of Transport of the available Couriers. Neither does YOZEINC TECHNOLOGIES LLP make any guarantee that any available Couriers will accept any Delivery Request for Delivery of Goods.

• YOZEINC TECHNOLOGIES LLP reserves the right to suspend the Client’s ability and right to use BUYSAB Delivery Services and/or terminate a Member’s use of BUYSAB Delivery Services where:

• YOZEINC TECHNOLOGIES LLP find evidence of or suspect fraud on the part of the Member;

• YOZEINC TECHNOLOGIES LLP finds a pattern of losses or claims for Goods;

• YOZEINC TECHNOLOGIES LLP considers a Member’s behaviour as damaging the reputation of YOZEINC TECHNOLOGIES LLP brand;

• the Member is in breach of these Terms;

• the Client attempts to hire a Courier, whether on an ad hoc basis, permanent or temporary role, in such a way to avoid paying for Delivery Requests via BUYSAB Delivery Services without YOZEINC TECHNOLOGIES LLP express written permission; or

• for any other reason at absolute discretion YOZEINC TECHNOLOGIES LLP decide to suspend or terminate the Member’s use of BUYSAB Delivery Services.
• YOZEINC TECHNOLOGIES LLP reserves the right to modify or interrupt all or some of BUYSAB Delivery Services at any time, temporarily or permanently, without prior notification to the Clients and without entitlement to compensation.

• YOZEINC TECHNOLOGIES LLP shall make every effort to ensure that the information on the Technology is correct, but does not warrant the accuracy or completeness of the material on the Technology. We may make changes to the material on the Technology at any time and without notice. The material on the Technology may be out of date, and YOZEINC TECHNOLOGIES LLP make no commitment to update such material.

Use of the Technology

In accessing BUYSAB Delivery Services, the Member represents and warrants that they shall not:

• Host, display, upload, modify, transmit, update or share any Content / information that:
  (i) belongs to another person and to which the Member does not have any right to;
  (ii) is unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” provided as per applicable laws;
  (iii) is misleading in any way or harasses or advocates harassment of another person;
  (iv) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;

(v) solicits gambling or engages in any gambling activity which YOZEINC TECHNOLOGIES LLP, in its sole discretion, believes is or could be construed as being illegal;
(vi) harms minors in any way; violates any law for the time being in force or impersonates another person;

(vii) engages in commercial activities and/ or sales without YOZEINC TECHNOLOGIES LLP’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes;

(viii) threatens the unity, integrity, defence, security or sovereignty of India, India’s friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

• Use Devices or software other than those provided by YOZEINC TECHNOLOGIES LLP intended to or that may:
• affect or try to affect the proper operation of BUYSAB Delivery Services;
• extract, modify or view all or part of the Technology on any support other than the Device, even in buffer or temporary memory, or for customized use;
• directly or indirectly market BUYSAB Delivery Services and/or the access to BUYSAB Delivery Services;
• Reuse all or part of BUYSAB Delivery Services, particularly for commercial and/or collective and/or personal purposes in a form and/or a media not authorised by YOZEINC TECHNOLOGIES LLP;
• Exploit BUYSAB Delivery Services provided by YOZEINC TECHNOLOGIES LLP or the data to which they may have access via the said Services for purposes that are directly or indirectly commercial and/or for personal purposes in a form and/or a media not permitted by YOZEINC TECHNOLOGIES LLP;
• Limit or try to limit access to or use of Technology and/or BUYSAB Delivery Services;
• Modify any mention or element of BUYSAB Delivery Services and/or the content of the Technology, including in buffer or temporary memory;
• Knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
• Posting material that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, libelous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
• Post or transmit to or from the Technology any material which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability, is otherwise unlawful or infringes the rights of any third party, in any country in the world;
• In the event of breach of any of these obligations, and without this list being exhaustive, the Member acknowledges and agrees that YOZEINC TECHNOLOGIES LLP shall have the right to refuse their access to all or some of BUYSAB Delivery Services, unilaterally and without prior notification.
• The Member may not misuse the Technology (including, without limitation, by hacking).
• YOZEINC TECHNOLOGIES LLP will co-operate fully with any law enforcement authorities or court requesting or directing YOZEINC TECHNOLOGIES LLP to disclose the identity of, or locate, anyone posting any material in breach of this Part D.
• Unless otherwise specified, the Technology are directed solely at those who access it from India. Should the Member choose to access BUYSAB Delivery Services from locations outside India, then this Member will be responsible for compliance with local laws if and to the extent local laws are applicable.
• YOZEINC TECHNOLOGIES LLP may, at its sole discretion, restrict a Member’s access to the Technology, and/or refuse to correspond with a Member without prior notice where:
• There is a regulatory or statutory change limiting YOZEINC TECHNOLOGIES LLP’s ability to provide access to the Technology;
• There is any event beyond YOZEINC TECHNOLOGIES LLP’s reasonable control preventing YOZEINC TECHNOLOGIES LLP from providing access to BUYSAB Delivery Services (for example, and without limitation, technical difficulties, capacity problems and communications failures); or
• YOZEINC TECHNOLOGIES LLP consider that a Member is abusing BUYSAB Delivery Services or is otherwise acting in breach of the Terms.

 

Payment

You understand that use of BUYSAB Delivery Services may result in charges to you as a royalty towards usage of the Site and / or Application, Courier Services or goods you receive from Couriers (“Charges”). After you have received Courier Services or goods obtained through your use of the BUYSAB Delivery Service, YOZEINC TECHNOLOGIES LLP will facilitate your payment of the applicable Charges on behalf of the Courier as such Courier’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Courier. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by YOZEINC TECHNOLOGIES LLP.

All Charges are due immediately and payment will be facilitated by YOZEINC TECHNOLOGIES LLP using the preferred payment method designated in your Account, after which YOZEINC TECHNOLOGIES LLP will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that YOZEINC TECHNOLOGIES LLP may, as the Courier’s limited payment collection agent, use a secondary payment method in your Account, if available.

As between you and YOZEINC TECHNOLOGIES LLP, YOZEINC TECHNOLOGIES LLP reserves the right to establish, remove and/or revise Сharges for any or all services or goods obtained through the use of BUYSAB Delivery Services at any time in YOZEINC TECHNOLOGIES LLP’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially due to various factors (viz remoteness of area, access to address, easiness of delivery). YOZEINC TECHNOLOGIES LLP will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. YOZEINC TECHNOLOGIES LLP may from time to time provide certain Clients with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of BUYSAB Delivery Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of BUYSAB Delivery Services or the Charges applied to you.

This payment structure is intended to fully compensate the Courier for the Courier Services. YOZEINC TECHNOLOGIES LLP does not designate any portion of your payment as a tip or gratuity to the Courier. Any representation by YOZEINC TECHNOLOGIES LLP (on YOZEINC TECHNOLOGIES LLP’s website, in the Application, or in YOZEINC TECHNOLOGIES LLP ’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that YOZEINC TECHNOLOGIES LLP provides any additional amounts, beyond those described above, to the Courier. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Courier.

 

Part E – General Terms FOR COURIER SERVICES

Charges

• The Service Fee shall be paid in Indian Rupees and will be collected by the banking service provider.
• Payment is taken from the Client upon completion of the Delivery Request.
• The Parties agree that all Deliveries Requests executed by the Courier shall be collected and billed to the Clients by YOZEINC TECHNOLOGIES LLP in the name and on behalf of the Courier.
• YOZEINC TECHNOLOGIES LLP reserves the right to take legal action against any Client having breached his payment obligation for any reason.

Personal data of the Members

• YOZEINC TECHNOLOGIES LLP shall process any personal data of Members in accordance with the requirements of the Information Technology Act 2000, and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 (as amended, modified or restated from time to time).
• The Privacy Policy published herein https://buysab.com/index.php?r=site%2Fprivacy-policy forms part of these Terms and contains obligations with which YOZEINC TECHNOLOGIES LLP must comply to protect the personal data of Members and third parties (such as the Recipients).

Customer services queries

• YOZEINC TECHNOLOGIES LLP aims to provide outstanding customer service. If a Member has any complaint about the service received, then please contact YOZEINC TECHNOLOGIES LLP by phone on the below contact details. Should the Member still be unhappy with how the enquiry has been resolved, then a formal response can be made in writing to Customer Services at the email address listed below. Please allow 7 working days for a response to any written email correspondence.

Email: support@buysab.com

Phone: 7738162333

Confidentiality

• Each Party shall keep strictly confidential and not disclose to any third party, directly or indirectly, all or some of the confidential information that may have been communicated by or on behalf of another Party hereinafter referred to as the “Confidential Information”.

The Confidential Information is as follows:

• Address, surname, and forename of the Client,
• Address, surname, and forename of the Recipient of a Delivery of Goods, if different to the Client,
• Address, surname, and forename of the Sender of a Delivery of Goods, if different to the Client,
• Telephone number of the Members or third parties and communicated by a Member upon use of BUYSAB Delivery Services,
• Any information that may relate to the Goods delivered.
• Each Party shall take all necessary steps to comply with these Terms, and in particular it shall impose this confidentiality undertaking on its employees, collaborators, agents and service providers.
• This confidentiality undertaking is however not applicable to Confidential Information that has fallen into the public domain at the time of its receipt, or to Confidential Information that is already in the possession of one of the Parties before its receipt, or when one of the Parties authorizes the other Party in writing to distribute the Confidential Information.
• YOZEINC TECHNOLOGIES LLP may however, where applicable, communicate the Confidential Information as necessary to the Couriers within the framework of the execution of the Delivery Requests.
• If a disclosure of the Confidential Information is required by applicable law or by a competent court or regulatory authority, the Party so requested must, as far as possible, inform the other Party in writing promptly before undertaking this disclosure, and provide its assistance to the other Party, if it so requests, in order to obtain all protective measures.  Disclosure of the Confidential Information in these circumstances shall not be a breach of this provision and applicable law.
• This confidentiality undertaking applies throughout the duration of the Terms and shall continue to apply for duration of one year after cessation of these Terms for any reason.

Duration – suspension – termination

• Without affecting any other right or remedy available to it, any Party may terminate these Terms:
• At any time with immediate effect using the procedure accessible via the Site and/or Applications;
• If the other Party commits a breach of its obligations under these Terms and fails to remedy such breach within a reasonable time following written notice from the other Party.
• Without affecting any other right or remedy available to it, YOZEINC TECHNOLOGIES LLP may at its option, suspend access to BUYSAB Delivery Services and/or terminate these Terms at any time with immediate effect upon notice to the Member as applicable:
• If the Client fails to pay for a Delivery of Goods;
•   If a Member deliberately provides inaccurate or dubious information, fails to update information provided to YOZEINC TECHNOLOGIES LLP (such as registration information), or fails to respond to YOZEINC TECHNOLOGIES LLP’s requests (such as in relation to the accuracy of the information they have provided);
• If a Member uses BUYSAB Delivery Services in a way which contravenes these Terms.
• On termination or expiry of these Terms:
• Any rights, remedies, obligations or liabilities of the Parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Terms which existed at or before the date of termination or expiry, shall not be affected;
• Members shall delete and/or destroy any personal data they have about other Members which they obtained for the purposes of providing or receiving BUYSAB Delivery Services;
• The following provisions of these Terms shall continue in full force: Liability cap for YOZEINC TECHNOLOGIES LLP, Liability cap for Couriers, Intellectual Property, Confidentiality, Applicable law.

In the event of suspension of access to BUYSAB Delivery Services and/or termination of these Terms in accordance with this provision, the Member shall have no right to any reimbursement or compensation for any loss suffered by it or any third party.

Independence of the Parties

• Nothing in these Terms is intended to, or shall be deemed to, establish any partnership, joint venture, employment, or worker relationship between any of the Parties, constitute any Party the agent of another Party (except as may be stated in the Terms), or authorize any Party to make or enter into any commitments for or on behalf of any other Party.
• Each Party confirms it is acting on its own behalf and not for the benefit of any other person.
• The Parties acknowledge and agree that the Terms do not under any circumstances establish a hierarchy or any link of subordination between them and confirm that their contractual relationship does not pertain to a salaried activity. The Parties further agree that Delivery Services under the Terms are provided by the Courier to the Client and not by the Courier to YOZEINC TECHNOLOGIES LLP.
• The Courier shall manage or organize their activity in complete independence, in compliance with these Terms.

This independence is conveyed to the Courier by:

• The fact that the Courier is solely responsible for the Deliveries of Goods they carry out, that they carry out such Deliveries of Goods on their own behalf or on behalf of third parties, for their sole profit or for the profit of third parties, and at such frequency and on such scale as they alone decide;
• The freedom the Courier holds in the execution of the Delivery Requests conferred on them via the Site and/or Applications. The Courier is notably: (i) free to decide on their periods of availability or unavailability to execute Delivery Requests, which they indicate on the Site and/or Applications; and (ii) free to choose or to refuse a Delivery Request;
• The free choice of their suppliers.

 

Transfer of Terms

• YOZEINC TECHNOLOGIES LLP may at any time assign, mortgage, charge, declare a trust over or deal in any other manner with any or all of its rights under these Terms. The Member hereby declares to accept any change of control in the person of YOZEINC TECHNOLOGIES LLP and recognises any successor thereto as his co-contractor.
• These Terms are personal to the Client and the Client shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under these Terms without the prior written agreement with YOZEINC TECHNOLOGIES LLP. Any breach of the foregoing shall entitle YOZEINC TECHNOLOGIES LLP to terminate the Client’s Account, without prejudice to any damages that YOZEINC TECHNOLOGIES LLP may also be entitled to claim on this ground.

 

Statutory Right

These Terms do not remove any statutory right which you have as a consumer which cannot be excluded.

Rights of Third Parties

A party who is not a party to this Terms (such as a Receiver) cannot enforce the Terms, whether under the Indian contracts act 1872 (privity of contract) or otherwise.

Entire agreement clause

• These Terms, and including the schedules, constitute the entire agreement between the Parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to their subject matter.
• Client agrees that it shall have no remedies in respect of any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in these Terms.

 

PART F – SPECIAL CONDITIONS APPLICABLE TO THE COURIERS

The special conditions hereunder, which for the avoidance of doubt form part of the Terms, apply to the Couriers only.

These Courier’s terms of use of BUYSAB Delivery Services are governed by the following special conditions (“SC”) including the applicable policies are incorporated herein by way of reference. By mere use of BUYSAB Delivery Services, these SC, being part of Terms and including the policies constitute the Courier’s binding obligations towards YOZEINC TECHNOLOGIES LLP.

Certain terms may be defined in these SC and wherever such terms are used in these SC they shall have the meaning so assigned to them.

For the purpose of these SC, words importing the singular include the plural and vice versa, pronouns importing a gender include each of the masculine, feminine and neuter genders, and where a word or phrase is defined, other parts of speech and grammatical forms of that word or phrase shall have the corresponding meanings.
YOZEINC TECHNOLOGIES LLP reserves the right, at its sole discretion, to change, modify, add or remove portions of these SC, at any time without any prior written notice to the Courier. It is the Courier’s sole responsibility to review these SC periodically for updates or changes. The Courier’s continued use of the BUYSAB Delivery Services following the posting of changes shall be deemed to mean that the Courier accepts and agrees to the revisions. As long as the Courier complies with these SC, YOZEINC TECHNOLOGIES LLP grants the Courier a personal, non-exclusive, non-transferable, limited privilege to enter and use BUYSAB Delivery Services and to render the Courier Services in and/or from within the Territory to and for the benefit of the Clients.

1. Acceptance

1.1. Accessing, registering, browsing Courier App, transacting or otherwise using and availing BUYSAB Delivery Services, indicates the Courier’s agreement and acceptance to all the terms and conditions under this SC. By impliedly or expressly accepting this SC, the Courier also accepts and agrees to be bound by:

(i) all of YOZEINC TECHNOLOGIES LLP’s policies (including but not limited to Privacy Policy available at https://buysab.com/index.php?r=site%2Fprivacy-policy, as amended from time to time);

(ii) any plan limits, product disclaimers or other restrictions presented to Courier on BUYSAB Delivery Services page and through their Account; and

(iii) the applicable third-party policies which are incorporated herein by way of reference.

1.2. This SC shall be binding upon and inure to the benefit of the Courier.

1.3. Notwithstanding anything stated herein, if the Courier transacts on the Technology and/or avails services of third-party service providers (“TSPs”), as applicable, whose services are used in addition to or in conjunction with on the Technology, it shall be subject to the third-party policies that are applicable for such transaction and/or use.

2. Registration eligibility

2.1. Use of BUYSAB Delivery Services is available only to persons who can enter legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, person of unsound mind are not eligible to use BUYSAB Delivery Services (including Courier App). Any person under the age of 18 shall not register as a Courier through Courier App and shall not transact on or use BUYSAB Delivery Services. YOZEINC TECHNOLOGIES LLP reserves the right to terminate any Courier’s registration and/or refuse to provide such person with access to the Courier App if it is brought to YOZEINC TECHNOLOGIES LLP’s notice or if it is discovered that such Courier is not eligible to use the Courier App.

2.2. Couriers shall be below the prescribed threshold limit (Threshold Limit – INR 20 Lakhs per annum (MUSD 0.026) / INR 10 Lakhs per annum (MUSD 0.013) in case of North-Eastern States for supplier of services) and unregistered under GST. Once Courier is registered under GST and is to reach the prescribed threshold limit, he/she must refrain from using the Site or Applications and BUYSAB Delivery Services.

2.3. Any individual, matching the prerequisites to becoming a Courier stated above, who is self-employed can become a Courier. To do this, he/she must register via the Applications.

2.4. The individual, before being able to execute Deliveries of Goods via the Courier App, must complete the registration process on the Application and send to YOZEINC TECHNOLOGIES LLP any requested documentation, including but not limited to: evidence of identify, confirmation of availability of a work permit, a clean driving license and proof of insurance and valid MOT certificate for the vehicle (if relevant); adequate public liability insurance.

2.5. The Courier must comply with any and all obligations, in respect of the Delivery of Goods.

3. Courier’s Account and registration obligations

3.1. YOZEINC TECHNOLOGIES LLP will issue the Courier, a Courier ID to enable the Courier to access and use the Courier App in accordance with this SC. YOZEINC TECHNOLOGIES LLP will have the right, at all times and at YOZEINC TECHNOLOGIES LLP’s sole discretion, to reclaim, prohibit, suspend, limit or otherwise restrict the Courier from accessing or using the Courier App and/or BUYSAB Delivery Services.

3.2. BUYSAB Delivery Services are made available to the Courier through the Courier App only if the Courier has provided YOZEINC TECHNOLOGIES LLP certain required information regarding themselves and created an account (“Account”) though the Courier ID (“Account Information”). BUYSAB Delivery Services may also be subject to procedures for use of the Courier App, uploaded guidelines, rules or other disclaimers and notices if any (“Additional Terms”).

3.3. Courier will be responsible for maintaining the confidentiality of the Account Information and shall be fully responsible for all activities that occur under its Account. The Courier agrees to (i) immediately notify YOZEINC TECHNOLOGIES LLP of any unauthorised use of its Account Information or any other breach of security, and (ii) ensure that the Courier exits from its Account at the end of each session. YOZEINC TECHNOLOGIES LLP cannot and will not be liable for any loss or damage arising from the Courier’s failure to comply with this Clause 3.3. The Courier may be held liable for losses incurred by YOZEINC TECHNOLOGIES LLP or any other Courier or visitor of the Courier App due to authorised or unauthorised use of the Courier’s Account as a result of the Courier’s failure in keeping Courier’s Account Information confidential.

3.4. Courier shall ensure that the Account Information provided by it at the time of registration on the Courier App is complete, accurate and up-to-date. Use of another Courier’s Account Information for availing BUYSAB Delivery Services on the Courier App is expressly prohibited.

3.5. In case Courier wishes to update or correct the information provided by them, it may do so through the Сourier contact center contacting with dispatcher.

4. BUYSAB Delivery Services and the Courier App

4.1. Information provided to the Clients

4.1.1. Once the Courier has accepted a Delivery Request placed by the Client, the Courier enters into an agreement stated in Schedule III B with the Client, and YOZEINC TECHNOLOGIES LLP will provide the Client Information to the Courier via Courier App, including the location where the pick-up of Good/items for Delivery has to be taken. The Client shall inform the Courier of the destination, i.e., where the Goods need to be delivered and the same address of desired destination for Delivery must be put while making a Delivery Request via BUYSAB Delivery Services. Courier acknowledges and agrees that once the Courier has accepted a Client’s Delivery Request, YOZEINC TECHNOLOGIES LLP may provide specific information to the Client regarding the Courier in relation to BUYSAB Delivery Services, including but not limited to the Courier’s name, Courier photo and contact information. Further, the Courier App shall share the location of the Courier in real time with the Client.

4.1.2. Except for as provided under this SC, the Courier retains the right to determine when and for how long each of them will utilize the Courier App and BUYSAB Delivery Services to receive lead generation service. The Courier also retains the option to accept or reject each Delivery Request of Goods received via the Courier App according to the Terms.

4.2. Courier and Client review

4.2.1. Clients who have used BUYSAB Delivery Services will be asked by YOZEINC TECHNOLOGIES LLP to comment on the BUYSAB Delivery Services and to provide a score for BUYSAB Delivery Services and the Courier. YOZEINC TECHNOLOGIES LLP reserves the right to post these comments and scores on the Site/ Courier App (or such other platforms as owned, managed, and controlled by YOZEINC TECHNOLOGIES LLP) without reference to the Client or Courier. YOZEINC TECHNOLOGIES LLP shall also request the Courier to comment on and to provide a score for the Client on the Courier App. The Courier will provide accurate and objective feedback that does not violate any applicable laws and regulations.

4.2.2. The Courier acknowledges that YOZEINC TECHNOLOGIES LLP is a distributor (without any obligation to verify) and not a publisher of these comments and scores. YOZEINC TECHNOLOGIES LLP reserves the right to refuse, edit or remove unfavourable reviews in the event that such reviews include obscenities, or mention an individual’s name or violate any privacy laws or any other applicable laws and regulations. Beyond the legal and regulatory requirements, YOZEINC TECHNOLOGIES LLP shall not have and hereby disclaims any liability and responsibility for the content and the consequences of (the publication or distribution of) any comments, scores, or reviews howsoever or whatsoever.

4.2.3. The Courier acknowledges that YOZEINC TECHNOLOGIES LLP desires to provide Clients with the opportunity to connect with the Courier that maintain the highest standards of professionalism. The Courier agrees that it will maintain high standards of professionalism and service, including but not limited to professional attire and maintaining an average rating set by YOZEINC TECHNOLOGIES LLP based on feedback from Clients for every eligible Delivery. YOZEINC TECHNOLOGIES LLP utilizes a rating system (“Courier Rating Program”) designed to allow the Clients to provide feedback on the level of the Delivery Service provided by those Couriers who accept Delivery Requests received via the Courier App.

4.2.4. Rating is the accumulated value for all Delivery Requests completed by the Courier. For any positive rating gained by the Courier, the Courier App gives of experience points (“XP”) to the Courier. For any sub-par or negative rating given to the Courier by the Customer, the XP may be written off. The algorithm used by the Technology for calculation of XP for each Courier will consider all feedback received from the Clients, and other measures, set by YOZEINC TECHNOLOGIES LLP at its sole discretion, in relation to the Delivery Request execution by the relevant Courier. XP may be earned by the Courier by carrying out timely Deliveries, appearing presentable and professional, communicating with the Client in a respectful and polite manner, checking onto the Courier App in time, by carrying out Delivery instructions as requested by the Client, etc. Courier understands that there is a specific XP- rating Couriers must maintain to continue receiving access to the BUYSAB Delivery Service and/or the Courier. The Courier will see a push notification/pop up/other type of communication, about its XPs accrual or deduction. The Courier can access their rating data in the Statistics section of their Account and contact our support team in the Courier App in case of inquiries. In the event a Courier’s overall rating or XP falls below the applicable minimum rating as set by YOZEINC TECHNOLOGIES LLP, YOZEINC TECHNOLOGIES LLP will notify the Courier by email or other written means. In the event the rating or XP (based on Client feedback and the Delivery Request execution) has not increased above the minimum, YOZEINC TECHNOLOGIES LLP may deactivate the Courier access to the Courier App and/or BUYSAB Delivery Services. YOZEINC TECHNOLOGIES LLP reserves the right, at all times and at YOZEINC TECHNOLOGIES LLP’s sole discretion, to reclaim, prohibit, suspend, limit or otherwise restrict the Courier from accessing or using the Courier App, if the Courier fail to maintain the standards of appearance and service required by the Clients. The amount of XP gained shall determine the kind of Deliveries the Courier shall be eligible to undertake. Couriers with poor XP may not be eligible for taking some high value orders (in terms of earning potential). Once the Courier levels up on XP, the algorithm used by the Technology shall allow the Courier all kinds of orders and Deliveries.

4.3. Disclosure of information

In case of a complaint, dispute or conflict between the Courier on the one hand and the Client on the other hand or in other appropriate instances where a legitimate reason for such disclosure exists (for example, receipt by YOZEINC TECHNOLOGIES LLP of a summons or warrant requesting information), YOZEINC TECHNOLOGIES LLP may, but shall not be required to – to the extent permitted by applicable laws and regulations – provide the Client, Courier and/or the relevant authorities the relevant data (including personal data) of the Courier. YOZEINC TECHNOLOGIES LLP may also disclose certain information of the Courier as set forth in this SC.

4.4. Location-based services

4.4.1. For the purpose of rendering the Delivery Service, the Courier explicitly agrees and acknowledges, that the location information regarding the Courier who is providing the Courier Service shall be monitored and traced through the Courier App via GPS tracking. The Device and the relevant details of the Courier and the position of the Courier who is near the point where the pick-up of Goods is required shall also be disclosed to the Client on the Application.

4.4.2. Information the Courier provides may be transferred or accessed by persons across India. Courier expressly consents to YOZEINC TECHNOLOGIES LLP’s use of locations-based services and the Courier expressly waives and releases YOZEINC TECHNOLOGIES LLP from any and all liability, claims, causes of action or damages arising from Courier’s use of the BUYSAB Delivery Services or the Courier App, or in any way relating to the use of the location-based services.

4.4.3. The location of intended Goods for the Delivery Request shall also be provided to the Courier via the Courier App as provided by the Client to YOZEINC TECHNOLOGIES LLP at the time of placing the Delivery Request.

5. Fees, invoicing and payment terms

5.1. Fees

5.1.1. Fees shall be separately communicated to the Courier by YOZEINC TECHNOLOGIES LLP as a part of Delivery Request placed by the Client.

5.1.2. As part of BUYSAB Delivery Services, YOZEINC TECHNOLOGIES LLP will act as an agent and arrange for a third-party payment processor or mobile payment platform to process the Fee for a Delivery Request successfully completed to the Courier designated credit card or mobile payment platform.

5.1.3. YOZEINC TECHNOLOGIES LLP shall pay to the Courier a Fee/commission per Delivery Request, which shall be set by YOZEINC TECHNOLOGIES LLP at YOZEINC TECHNOLOGIES LLP’s sole discretion based upon local market factors and may be subject to change. The Fee/commission is calculated as a percentage of each Service Fees charged to the Client.

5.1.4. The Fees will be collected by YOZEINC TECHNOLOGIES LLP for and on behalf of the Courier. Courier agrees and requests that YOZEINC TECHNOLOGIES LLP deduct the Courier’s Fee/commission payable in relation to the Fees earned by the Courier and remit the remainder of the amount to the Courier. The part of the Service Fee which does not constitute the Fee/commission shall be retained by YOZEINC TECHNOLOGIES LLP on account of BUYSAB Delivery Services being used by the Courier. The Fee/commission may change from time to time. Courier can always view the Fee/сommission before accepting the Delivery Request.

5.1.5. The Courier shall declare their income generated for Deliveries of Goods to the tax authorities.

5.1.6. The Courier acknowledges and agrees that for every Delivery of Goods not completed in full and interrupted by the Courier under the conditions of these Terms, their shall be paid in proportion to the distance they have undertaken if other clauses were not stated between Courier and the Client in respect to the Delivery Requests.

5.2. Invoicing and payment terms

5.2.1. Payment of the Fee/commission to Courier shall be made in accordance with the payment method as set forth in this SC.

5.2.2. YOZEINC TECHNOLOGIES LLP operates, and the Courier accepts, a system for receipts being issued by YOZEINC TECHNOLOGIES LLP to the Client.

5.3. The Courier represents that it will ensure that the Courier will notify YOZEINC TECHNOLOGIES LLP of any corrections necessary to the receipt for a Delivery Requests within 1 (one) business day after each successful Delivery. Unless YOZEINC TECHNOLOGIES LLP receives timely notification of any correction needed, YOZEINC TECHNOLOGIES LLP shall not be liable to make payment of any additional charges or Fee that are remitted to the Courier pursuant to the terms of Sub-Clause 5.2 above. YOZEINC TECHNOLOGIES LLP however, reserves its right to reserve any excessive amounts paid to the Courier at any time after being notified in accordance with Clause 5.3.

6. Use of the Courier App

6.1. Courier shall not use any “deep-link”, “page-scrape”, “robot”, “spider”, “crawler”, “ants”, “indexers”, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Courier App or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Courier App or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Courier App. YOZEINC TECHNOLOGIES LLP reserves its right to bar any such activity.

6.2. Courier shall not probe, scan or test the vulnerability of the Courier App or any network connected to the Courier App nor breach the security or authentication measures on the Courier App or any network connected to the Courier App. Courier may not reverse look-up, trace or seek to trace any information on any other Courier of or visitor to the Courier App, or any other Courier, including any account on the Courier App not owned by the Courier, to its source, or exploit the Courier App or any service or information made available or offered by or through the Courier App, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Courier’s own information, as provided for by the Courier App.

6.3. Courier agrees that it will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Courier App or BUYSAB Delivery Services or YOZEINC TECHNOLOGIES LLP’s systems or networks, or any systems or networks connected to YOZEINC TECHNOLOGIES LLP.

6.4. Courier agrees not to use any Device or other devices, software or routine to interfere or attempt to interfere with the proper working of the Courier App or any transaction being conducted on the Courier App, or with any other person’s use of the Courier App.

6.5. Courier may not forge headers or otherwise manipulate identifiers in order to disguise the origin or transmittal of any message the Courier sends to YOZEINC TECHNOLOGIES LLP or the Client on or through the Courier App or any BUYSAB Delivery Services offered on or through the Courier App. Courier may not pretend that it is, or that it represents someone else, or impersonate any other individual or entity.

6.6. Courier may not use the Courier App or any Content for any purpose that is unlawful or prohibited by this SC, or to solicit the performance of any illegal activity or other activity which infringes the rights of YOZEINC TECHNOLOGIES LLP and/or others.

6.7. Courier shall at all times ensure full compliance with the provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or other such regulations in force) and international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to sales tax/VAT, income tax, octroi, service tax, central excise, custom duty, local levies) regarding the Courier’s use of Courier App, solicitation of offers to avail BUYSAB Delivery Services, and avail of BUYSAB Delivery Services. The Courier shall not engage in any transaction in any service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

6.8. Solely to enable YOZEINC TECHNOLOGIES LLP to use their Content supplied to it by the Courier and to ensure that YOZEINC TECHNOLOGIES LLP is not in violation of any rights the Courier may have in their Content, the Courier agrees to grant YOZEINC TECHNOLOGIES LLP a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights the Courier has in the Content, in any media now known or not currently known. YOZEINC TECHNOLOGIES LLP will only use Courier information in accordance with this SC and Privacy Policy applicable to use of the Courier App.

6.9. YOZEINC TECHNOLOGIES LLP shall own and have all rights (including intellectual property rights or an appropriate license) in and to the Courier App, BUYSAB Delivery Services, the Courier ID. Insofar the Courier may, by operation of applicable law or otherwise, obtain any rights (including intellectual property rights) in relation thereto, these rights shall be and are hereby transferred (insofar permitted under the applicable law, in advance) to YOZEINC TECHNOLOGIES LLP. Where a transfer may not be permissible under the applicable mandatory law, the Courier hereby undertakes to grant to YOZEINC TECHNOLOGIES LLP of a perpetual, exclusive, worldwide, irrevocable, royalty-free, sub-licensable and transferable right and license under any such non-transferable rights and licenses.

6.10. Courier understands that YOZEINC TECHNOLOGIES LLP has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Courier App, its location etc.) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or summons. In addition, YOZEINC TECHNOLOGIES LLP can (and the Courier hereby expressly authorizes YOZEINC TECHNOLOGIES LLP to) disclose any information about the Courier to law enforcement or other government officials in accordance to law and including but not limited to the Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009, the Information Technology (Procedure for Safeguards for Blocking for Access of Information by Public) Rules, 2009, Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, or any other law as YOZEINC TECHNOLOGIES LLP, in its sole discretion, believes is necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

6.11. Courier acknowledges that YOZEINC TECHNOLOGIES LLP is required to report cyber security incidents related information with appropriate authority, such as their identity, location etc. and relevant data in connection therewith, which report may include data of the Courier and their activities on the Courier App.

6.12. YOZEINC TECHNOLOGIES LLP reserves the right, but has no obligation, to monitor the materials posted on the Courier App. YOZEINC TECHNOLOGIES LLP shall have the right to remove or edit any Courier Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of this SC. Notwithstanding this right, Courier remains solely responsible for their Content of the materials it posts on the Courier App. Couriers are advised that such Courier Content posted does not necessarily reflect YOZEINC TECHNOLOGIES LLP’s views. In no event shall YOZEINC TECHNOLOGIES LLP assume or have any responsibility or liability for any Courier Content posted or for any claims, damages or losses resulting from use of Courier Content and/or appearance of Courier Content on the Courier App. Courier hereby represents and warrants that it has all necessary rights in and to all Courier Content which it provides and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information. Courier agrees and acknowledges that it shall assume all the risks associated with the Courier Content, including but not limited to anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by the Courier of information in Courier Content that makes it personally identifiable.

6.13. YOZEINC TECHNOLOGIES LLP shall have all the right to take necessary action and claim damages that may occur due to Courier’s involvement/participation in any way on its own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

6.14. In case a person using the world wide web/internet receives a spam or virus which includes a link to the Courier App or to any other site maintained, operated or owned by YOZEINC TECHNOLOGIES LLP, it should not be held responsible for the same. YOZEINC TECHNOLOGIES LLP assumes no responsibility for such mails.

7. Obligations of the Courier

7.1. The Courier shall have the sole responsibility for any obligations or liabilities to, Clients or third parties that arise from its provision of Delivery Services.

7.2. By using the BUYSAB Delivery Services to receive and accept Delivery Requests and by providing the Delivery Services to the Client, the Courier accepts, agrees, and acknowledges that a direct legal relationship is created and assumed solely between the Courier and the said Client according to an agreement stated in Schedule III B hereof.

7.3. YOZEINC TECHNOLOGIES LLP shall not be responsible or liable for the actions, omissions, and behaviour of the Client in or in relation to the Courier at the time of providing Delivery Services.

7.4. The Courier where such Courier shall be providing the Delivery Services by driving a vehicle, shall possess at all times, a valid and legal driving license and comply with all documentation requirements and processes set up by YOZEINC TECHNOLOGIES LLP (including but not limited to a driver’s license, RC Book, insurance and PUC, vehicle fitness and any other statutory document as applicable). All documents shall be correctly completed and handed over by the Courier to YOZEINC TECHNOLOGIES LLP and updated copies if any, shall also be furnished to YOZEINC TECHNOLOGIES LLP at the earliest after updating such documentation.

7.5. The Courier shall be disciplined and follow good order and shall be fit for the purpose of rendering the Delivery Services.

7.6. The Courier shall not be under the influence of alcohol or fall asleep while delivering the Goods to the Client or using their vehicle to complete such Delivery Request.

7.7. The Courier shall be accountable to YOZEINC TECHNOLOGIES LLP for all Delivery Requests undertaken by the Courier through the acceptance of requests on the Courier App.

7.8. The Courier shall ensure that no Goods other than the Goods received for Delivery from the Clients shall be delivered by the Courier.

7.9. The Courier shall not deliver and/or accept Delivery Request of Goods from Clients which are not permitted as per Schedule II of these Terms.

7.10. The Courier represents and undertakes to procure that it shall comply with, adhere to and observe the terms and conditions set forth in this Agreement, and all applicable laws, regulations, rules, statutes or ordinances governing or otherwise relating to the BUYSAB Delivery Services or the Courier App. To the extent required, the Courier hereby agrees and ensures that the rights, covenants, undertakings, representations and obligations of the Courier as set out in this SC shall apply to, and be assumed, accepted and taken over by the Courier.

7.11. In the event of the Courier is found to have indulged in theft of the Goods while providing the Delivery Services or is otherwise found indulging in any illegal activity or misconduct/inappropriate behaviour, YOZEINC TECHNOLOGIES LLP shall be entitled to take immediate corrective action including but not limited to lodging police complaint/FIR and termination of such Courier’s Account. In case YOZEINC TECHNOLOGIES LLP suffers any financial loss by way of a penalty or damages levied on YOZEINC TECHNOLOGIES LLP either by its Clients or any entity or any other authority, which in YOZEINC TECHNOLOGIES LLP’s opinion, may be attributed to misconduct or inappropriate behaviour of the Courier, the Courier shall indemnify YOZEINC TECHNOLOGIES LLP for such loss on demand. Without prejudice to other rights and remedies available, YOZEINC TECHNOLOGIES LLP shall be entitled to deduct the total value of the Goods from the Fee payable to the Courier. Such Courier shall be blacklisted by YOZEINC TECHNOLOGIES LLP and shall not permitted to act as Courier.

7.12. The Courier undertakes that it will, safeguard, protect and keep the Courier ID at all times, keep it confidential and safely stored and shall not disclose it to any person other than those who need to have access to the Courier ID in order to render and/or provide the Delivery Service.

7.13. The Courier undertakes that it will, safeguard, protect and keep the Client Information received from YOZEINC TECHNOLOGIES LLP and the details of any Delivery Request, at all times confidential and shall not disclose it to any person or store the information in any manner, except as required by law.

7.14. The Courier shall inform the YOZEINC TECHNOLOGIES LLP if he no longer fulfils one or more conditions required to carry out Deliveries of Goods, e.g., in the case of suspension/withdrawal of one or more of the documents mentioned in these SC, within a period of twenty-four (24) hours after occurrence of the event.

7.15. The Courier will immediately notify YOZEINC TECHNOLOGIES LLP of any actual or suspected security breach or improper use of the Device, the Courier App, the Courier ID, the Content or of the Client’s information.

7.16. The Courier perform the Delivery Services in a sober and industrious manner based on applicable industrial standards.

7.17. The Courier shall not indulge in rude behaviour/misbehaviour with Clients at the time of completing Delivery Request.

8. Representations and warranties of the Courier

8.1. The Courier represents and warrants to YOZEINC TECHNOLOGIES LLP and shall ensure that:

8.1.1. they hold, comply and shall continue to hold and comply with all permits, licenses and other governmental authorizations necessary for conducting, carrying out and continuing their activities, operations and business in general and the Delivery Services in particular;

8.1.2. shall comply with all local laws and regulations, including the laws related to the authorization for Delivery Requests, and will be solely responsible for any violations of such local laws and regulations;

8.1.3. the Courier has a valid driver’s license and is authorized to operate the vehicle, in case the Courier opts to use the vehicle for Delivery Requests accomplishment and has all the appropriate licenses, approvals and authority to provide YOZEINC TECHNOLOGIES LLP Services in the City where the Delivery Services are rendered or performed;

8.1.4. the Courier possesses the skill to carry out the Delivery Services;

8.1.5. the Courier does not have a criminal record and has not been convicted of any offence involving moral turpitude. No litigation or dispute or proceeding / investigation is pending or threatened against the Courier which may affect its liability to provide Delivery Services in accordance with the terms of this SC and/or have an adverse impact on the Delivery Services or the quality and integrity thereof in any manner;

8.1.6. the Courier shall maintain at all times the star rating quality described in Clause 4.2.3 above; and

8.1.7. the Courier is the owner or lessee or is otherwise in lawful possession of a vehicle or vehicles, for performing the commercial carriage and Delivery Services as enumerated under this SC, which equipment complies with all applicable, state and local laws.

8.2. YOZEINC TECHNOLOGIES LLP may obtain publicly available data, such as, business addresses, phone numbers, other contact information etc. available from such third parties. However, YOZEINC TECHNOLOGIES LLP does not control, represent or endorse the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other Content appearing in or linked to from the Courier App and the BUYSAB Delivery Services.

8.3. YOZEINC TECHNOLOGIES LLP does not screen or investigate third-party services before or after including/linking it to the Courier App and BUYSAB Delivery Services. YOZEINC TECHNOLOGIES LLP reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the third party services accessible on the Courier App. Further, YOZEINC TECHNOLOGIES LLP may in its sole discretion and without any obligation, verify any updates, modifications, or changes to any third party services included/linked to the BUYSAB Delivery Services, wherever deemed appropriate by YOZEINC TECHNOLOGIES LLP, but shall not be liable for any delay or inaccuracies related to such updates.

8.4. YOZEINC TECHNOLOGIES LLP Services are available on the Website and as a computer program designed to run on smartphones and tablets i.e., a mobile application. The Courier accepts and agrees that it shall not use BUYSAB Delivery Services and/or the Courier App in such a way that it distracts the Courier or any other person and prevents the Courier or any other person from obeying traffic or safety laws / rules / regulations.

8.5. YOZEINC TECHNOLOGIES LLP reserves the right to charge subscription and/or membership fees from the Courier, by giving reasonable prior notice, in respect of any service or any other aspect of the Courier App and/or the YOZEINC TECHNOLOGIES LLP Services anytime in future.

9. Term, Termination and Suspension

9.1. This SC shall commence on the date of its electronic acceptance by the Courier, for an indefinite period of time, unless terminated by:

9.1.1. YOZEINC TECHNOLOGIES LLP:

9.1.1.1. at such moment when the Courier no longer qualifies, under the applicable law or the quality standards of YOZEINC TECHNOLOGIES LLP to provide the Delivery Services diligently; and/or

9.1.1.2. material breach by the Courier of any term of this SC (including but not limited to, breach of representations or receipt of multiple Client complaints); and/or

9.1.1.3. insolvency or bankruptcy of the Courier.

9.1.2. the Courier, by discontinuing the use of the Courier App and/or the BUYSAB Delivery Services.

9.2. Upon termination of this SC, the Courier shall return all data provided to Courier by YOZEINC TECHNOLOGIES LLP without withholding a copy thereof. In case Courier does not return such data, YOZEINC TECHNOLOGIES LLP will be bound to take legal action against Courier.

10. Contact Us

Please send any questions or comments (including all inquiries related to copyright infringement) regarding the Courier App at support@buysab.com

11. Choice of method of transport

11.1. The Courier may choose the method of transport that will be used in carrying out the Deliveries of Goods and that they enter in the Account.

11.2. The method of transport shall in any event be the property (or due licensed) of the Courier and shall not be provided by YOZEINC TECHNOLOGIES LLP.

11.3. The method of transport must comply with all applicable legal requirements e.g. be in good working order, have a valid MOT certificate, tax and insurance.

11.4. The method of transport must also be in good visual and operating condition.

11.5. Maintenance operations on the Method of Transport, including the supply of fuel or, where applicable, battery charging, are the responsibility of the Courier, which is its exclusive owner, and nether Client, nor YOZEINC TECHNOLOGIES LLP is liable for any compensation or financial contribution in this respect.

11.6. The Courier must take out all appropriate insurances, to meet at least the minimum legal requirement (i.e., third party insurance) using their own resources.

11.7. If the Courier fails to meet the abovementioned requirements, he may not accept Delivery Requests from the Courier App until they have remedied the position.

11.8. If the Courier wishes to propose a motorised vehicle as Method of Transport, the Courier must provide a copy of his driving licence, including evidence of the number of points remaining on his driving licence, and any other documentation and/or evidence which YOZEINC TECHNOLOGIES LLP may reasonably require.

12. Biannual renewal of evidence required by YOZEINC TECHNOLOGIES LLP

The Courier undertakes, without intervention of YOZEINC TECHNOLOGIES LLP, to communicate to it, every six (6) months, the documents mentioned in clauses “Representations and warranties of the Courier”, “Choices of Method of Transport”, “Registration eligibility”, and to respond without delay to any request for communication by YOZEINC TECHNOLOGIES LLP of the said documents and/or any information or document necessary to execute these SC.

If the Courier fails to provide any of the documents requested within the required timeframes, YOZEINC TECHNOLOGIES LLP may automatically suspend access to the Delivery Services by the Courier.

13. Offer of Delivery of Goods

To be able to offer Delivery of Goods, the Courier must respect the following procedure:
• Use the Applications from their Device and login with their Account using the login information;
• Accept Delivery Requests listed on the Application;
• Authorise the Application to use the geo-location function of their Device;
To continue to be unregistered under GST and be below the prescribed threshold limit (Threshold Limit –INR 20 Lakhs per annum (MUSD 0.026) / INR 10 Lakhs per annum (MUSD 0.013) in case of North-Eastern States for supplier of services).

14. Acceptance and execution of a Delivery of Goods

14.1. The conditions under which the Courier may cancel a Delivery of Goods are detailed Part B of the body of these Terms.

14.2. YOZEINC TECHNOLOGIES LLP does not under any circumstances undertake to provide the Courier with a minimum number of Deliveries of Goods to be executed. YOZEINC TECHNOLOGIES LLP assumes a best efforts obligation only to put the Courier in contact with Clients wishing to undertake a Delivery of Goods, and does not guarantee a minimum number of Clients, particularly during the time slots and places of availability of the Courier.

14.3. Once the Courier has been assigned to the Delivery Request under its accept, they must go without delay to the Collection Address specified by the Client to collect the Goods (via the fastest route according to factors such as traffic).

14.4. When the Goods must be collected from/delivered to a shop and/or company premises, the Courier shall make every effort not to disturb its operation.

14.5. The Courier undertakes to carry out the Deliveries of Goods diligently, demonstrating the highest level of care.

14.6. The Courier undertakes to act responsibly with the Goods, i.e. to ensure they are not damaged, destroyed, stolen or lost, and in the driving of his method of transport.

14.7. The Courier must make contact with the Recipient of the Delivery of Goods to give them the Goods at the Delivery Address, in compliance with the information provided to them via the Application, then confirm completion of the Delivery of Goods via the Application, by asking the Recipient to sign in the box provided in the Application, if applicable.

14.8. Any refusal to accept the Goods, for a reason other than the destruction, damage, theft, average or loss of the Goods, will be considered as cancellation of the Delivery of Goods under the conditions of clause of Part C of the body of the Terms.

14.9. If the Goods are damaged, destroyed, stolen or lost, or if the Recipient refuses to sign with the Courier to certify safe receipt of the Goods, and/or in the event of inability to execute the Delivery of Goods for any reason, then the Courier must promptly notify YOZEINC TECHNOLOGIES LLP thereof via the Application, and, where applicable, return the Goods to the Sender promptly or allow another Courier to collect the Goods and complete the Delivery of Goods.

14.10. The Courier may make contact with the Client and the Recipient. In compliance with the Privacy Policy, Client and Recipient phone numbers are encrypted and the Courier will not know them until the Courier has been assigned to the Delivery request.

15. Execution of a return of Goods

Following acceptance of a Delivery Request, the Courier may be required to return the Goods to the Sender in several circumstances described in these Terms, such as, without limitation, refusal to sign by the Recipient or damage to the Goods.
Consequently, the Courier, prior to acceptance of the Delivery Request, accepts that he may have to undertake such a return. The cost of such a return will be calculated as if the returning point is the additional waypoint and Sender is the current Recipient.
The Courier acknowledges that this return may lengthen their time for Delivery of Goods.

16. PNT reward system

16.1. YOZEINC TECHNOLOGIES LLP, on an experimental basis, may implement a Points Reward Program (“Reward Program”) directed to Couriers, in order to make available exchanges of points (“Points”) accumulated for products or services of YOZEINC TECHNOLOGIES LLP and its partners offered on the BUYSAB Application/Website and can be also used by the Courier to obtain a discount for paying commission due to YOZEINC TECHNOLOGIES LLP for the collection and intermediation services provided by YOZEINC TECHNOLOGIES LLP and other amounts due, if any. These points shall be credited in the E-Wallet (“E-Wallet”), which is a prepaid payment instrument available to the Courier for the accumulation of points.

16.2. This E-Wallet will be a closed wallet i.e. the use of this E-Wallet is limited to YOZEINC TECHNOLOGIES LLP only. These Points cannot be for payment or settlement for third party services.

16.3. The points awarded to the Couriers are generated from the use of BUYSAB Delivery Services in order to perform Deliveries in such cases as when the additional waiting time takes place, the Client (Sender) is not in the place or time indicated in the Delivery Request, late cancellation of the Delivery Request by the Client, according to stimulation programs communicated to the Courier, execution by the Courier of the certain actions specified in the App (as bringing a new Courier, successful execution of the stated number of Delivery Requests, etc.) and other cases at the sole discretion of YOZEINC TECHNOLOGIES LLP. The amount of the discount is determined by YOZEINC TECHNOLOGIES LLP and is indicated in the Courier App. In any case the amount of the discount can’t exceed 100 % from the amounts due to YOZEINC TECHNOLOGIES LLP.

16.4. YOZEINC TECHNOLOGIES LLP, at its sole discretion, may also reward Couriers by converting into points payments owed to the Courier. For every 1 PNT (One) Point accumulated by the Courier, the Courier can redeem it for INR 1 (One INR) in their E-wallet. YOZEINC TECHNOLOGIES LLP is not obliged to give the Couriers discounts when paying commissions due to YOZEINC TECHNOLOGIES LLP. The amount of the discount provided is individual and is determined solely by YOZEINC TECHNOLOGIES LLP at its sole discretion. The conditions for granting a discount or points are determined by YOZEINC TECHNOLOGIES LLP and can be changed at any time without notice to the Couriers.

16.5. The Courier may, by accumulating points, obtain discounts on certain products or services of partners registered to the BUYSAB Application/Website, which will vary according to the product or service provided and the number of points accumulated. The Couriers can also use the points as a way to reduce their eventual negative balances in favor of YOZEINC TECHNOLOGIES LLP, expenses eventually faced.

16.6. The maximum number of Points that can be redeemed at a time and the validity of such Points may vary from time to time.

16.7. YOZEINC TECHNOLOGIES LLP in no way guarantees the continuity of the program, which is carried out, at this moment, on an experimental basis. Thus, the program may be improved or even cancelled by YOZEINC TECHNOLOGIES LLP.

16.8. The Couriers using the BUYSAB Delivery Services may participate in testing of its operation, in particular in testing the Applications of different service fees to the Clients, experiments, logistic solutions, implementation of new modules in BUYSAB Delivery Services, for which YOZEINC TECHNOLOGIES LLP shall pay additional remuneration to the Couriers, calculated automatically by the BUYSAB Delivery Services.

16.9. The purpose of such an initiative of YOZEINC TECHNOLOGIES LLP is to maintain the high level of loyalty of the Couriers in carrying out the aforementioned experiments and introducing new products.

YOZEINC TECHNOLOGIES LLP may send promotional codes to the Courier on a per promotion basis. Promotional code credit can be applied towards payment on completion of a Delivery Request or other features or benefits related to BUYSAB Delivery Service or the Courier’s service and/or a third-party’s service and are subject any additional terms that are established on a per promotional code basis. Expiration dates of promo codes will be reflected in App once the Courier has applied the promo code to the Account.

16.10. YOZEINC TECHNOLOGIES LLP reserves the right to cancel any promotional code at any time for any reason. This includes, but is not limited to, if YOZEINC TECHNOLOGIES LLP deems that codes are being used in an unlawful or fraudulent manner, those issued mistakenly, and those which have expired.

Schedule I Excluded and Prohibited items

Excluded Items

You are entitled to send the following items via the BUYSAB Delivery Service but YOZEINC TECHNOLOGIES LLP 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 labelling; shortage in weight, evaporation or ordinary leakage; deliberate abandonment of the Goods or other property; vermin, wear, tear or gradual depreciation; inherent vic • Legal Drugs
• Living & dead creatures
• Blood samples
• 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 Client’s risk.

Prohibited Items

You are prohibited from using BUYSAB Delivery Services for delivery of the following Prohibited Items, in respect of which YOZEINC TECHNOLOGIES LLP 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 YOZEINC TECHNOLOGIES LLP, may potentially be hazardous or dangerous to the Courier or the general public, including but not limited to:

• Explosives including fireworks
• Pornographic materials
• Illegal drugs or any other contraband
• Weapons, Arms, Ammunition or associated parts, accessories, materials, ingredients or technology, including deactivated and replica weapons
• Blades of any kind longer than 1.5 inches
• Dangerous power tools such as chain saws
• Flammable materials
• Dangerous chemicals
• Dangerous biological agents
• Computers, Personal computers (so called PC), laptops , tablets, notebook
• Any item packaged in a hazardous or dangerous box