Professional Documents
Culture Documents
These Terms and Conditions (“T&Cs”) are an electronic record in terms of the Information Technology Act, 2000
and rules made thereunder as may be amended from time to time. These T&Cs are (i) published in accordance with
the provisions of Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics
Code) Rules, 2021 in compliance with Information Technology Act, 2000 and rules thereunder; and (ii) generated
by a computer system and does not require any physical, electronic, or digital signatures.
Please read these T&Cs carefully. This is a legally binding agreement between you (“Delivery Partner” or “You”)
and Shadowfax Technologies Private Limited, having its registered office 93/A, Appek Building, 1st Floor, 4th B
Cross, 5th Block, Koramangala, Bengaluru-560034, India (“Company”, “Shadowfax”, “we”, or “us”) establishing
the terms under which the mobile application platform, website, and/ or any other technology-based platform owned
or operated by us (“Platform”).
By clicking on the “I ACCEPT” button, You are consenting to be bound by these T&Cs for using the Platform.
PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE T&C BEFORE YOU USE THE
PLATFORM, AS YOU SHALL BE BOUND BY ALL THE T&C CONTAINED HEREIN UPON CLICKING ON
THE “I ACCEPT” BUTTON.
If You do not accept any of the T&C, please do not use the Platform. YOUR AGREEMENT TO T&C SHALL
OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND SHADOWFAX IN RESPECT OF THE
USAGE OF THE PLATFORM.
Your engagement with Shadowfax to use the services of the Platform are subject to your acceptance of these T&C.
Shadowfax reserves the right, at its sole discretion, to change, modify, add or remove these T&C, in part or in
whole, at any time, without prior notice to You.
Your continued use of the Platform following the posting of changes will mean that You accept and agree to the
changes.
1. DEFINITIONS
In these T&Cs, the following words and expressions shall have the meaning assigned to them hereinbelow:
(i) “Applicable Laws” shall mean and include any law, statute, ordinance, rule, regulation,
guideline, policy or other pronouncement having the effect of law in India, as in effect or which
may come in effect on a future date;
(ii) “Confidential Information” shall mean any and all technical and non-technical information,
which the Delivery Partner (“Receiving Party”) may have acquired from Shadowfax
(“Disclosing Party”), in any manner whatsoever, before or after the date of acceptance of these
T&Cs in relation to the customers, business, operations, financial conditions, assets or affairs of
the Disclosing Party, including, but not limited to, business plans, business forecasts, research,
financial information, procurement requirements, information pertaining to Disclosing Party’s
customers or service providers, purchasing requirements, manufacturing, customer lists, sales and
merchandising efforts, marketing plans, experimental work, development, design details,
specifications, information published on invoices, engineering, copyrights, trade secrets,
proprietary information, know-how, processes, equipment, algorithms, software programs,
software source documents, and information in any way related to the current, future and proposed
business, products and services of the Disclosing Party. It shall specifically include any
information pertaining to the customers or the service provider of the Disclosing Party.
Notwithstanding anything in the foregoing to the contrary, Confidential Information shall not
include information which: (i) was known by the Receiving Party prior to receiving the
Confidential Information from the Disclosing Party; (b) becomes rightfully known to the
Receiving Party from a third-party source not known (after diligent inquiry) by the Receiving
Party to be under an obligation to Disclosing Party to maintain confidentiality; (c) is or becomes
publicly available through no fault of or failure to act by the Receiving Party in breach of this
Agreement; (d) is required to be disclosed in a judicial or administrative proceeding, or is
otherwise requested or required to be disclosed by law or regulation; and (e) is or has been
independently developed by employees, consultants or agents of the Receiving Party without
violation of the terms of this Agreement or reference or access to any Confidential Information.
(iii) “Delivery Services” shall mean the delivery services provided by the Delivery Partner to the
Company.
(iv) “Intellectual Property Rights” shall mean and include the copyright (whether registered or not),
patents including rights of filing patents, trademarks, trade names, trade dresses, house marks,
collective marks, associate marks and the right to register them, designs (both industrial and
layout), geographical indicators, moral rights, broadcasting rights, displaying rights, distribution
rights, selling rights, reproducing rights, domain names, internet address, graphics, artwork, links,
information, logos, software, configuration, marketing and distribution material and any other
intellectual property right in the Platform, which are used and/or owned by the Company.
2. SERVICE
i. Subject to terms and conditions contained in these T&C, the Delivery Partner agrees to
provide the Delivery Services to Shadowfax in accordance with such instructions, as may be
specified by Shadowfax, from time to time. The Delivery Partner shall pick-up the products or
order from such location as may be notified by Shadowfax and deliver the same to the
customer.
ii. The Delivery Partner agrees to provide the Delivery Services to the Company to the best of
his abilities on a non – exclusive basis.
iii. The Company may provide the Delivery Partner with a welcome kit, merchandise or any
other assets to enable the Delivery Partner to render Delivery Services.
iv. The Delivery Partner shall create a log-in ID on the Platform to be able to render Delivery
Services. The Delivery Partner acknowledges that the sign-in details, including the username
and password, are confidential and, accordingly, shall not share them with any third party,
without written approval from Shadowfax.
v. The Delivery Partner confirms and acknowledges that by logging-in on the Platform, he
agrees to be tracked by Shadowfax via GPS enabled tracking technology and Shadowfax may
share this information with third-parties on a real-time basis for the purpose of enabling the
status of the Delivery Services being provided by the Delivery Partner.
vi. Notwithstanding anything contained in these T&C, there shall be no obligation on the
Delivery Partner to be available on Platform for a minimum number of hours/days. The
Delivery Partner acknowledges that he has flexible timings and can choose to log-in the
Platform anytime he wants and for howsoever long he wants, at his sole discretion.
Shadowfax shall also not supervise the actions and conduct of the Delivery Partners unless
they are in gross violation of their duty to render Delivery Services under these T&C.
vii. All reasonable attempts shall be made by the Delivery Partner to pick-up the order as quickly
and efficiently as possible and deliver it to the customer.
viii. The Delivery Partner understands and acknowledges that he may be required to collect the
Cash on Delivery (COD) amount on certain orders delivered by him. In such an event, the
Delivery Partner shall collect the entire COD amount, as may be specified on the invoice,
from the customer and deposit such COD amount with Shadowfax in accordance with such
instructions as Shadowfax may provide from time to time.
3. FEES
i. As consideration for the Delivery Services provided by the Delivery Partner, the Delivery
Partner shall be entitled to earn such fees as may be calculated on the basis of the rates
specified by Shadowfax from time to time. Such fees shall accumulate on the Platform.
Shadowfax shall transfer the fees amount due to the Delivery Partner directly to his bank
account. The Delivery Partner acknowledges that in case the Delivery Partner's services are
engaged by Shadowfax through a third party logistics service provider, the fees shall be paid
to such Delivery Partner by such third party logistics service provider and Shadowfax shall
not be responsible, in any manner whatsoever, for making any payments to such Delivery
Partners.
ii. The Parties acknowledge that the fees shall be subject to multiple factors, some of which may
not be in either Party’s control.
iii. In the event Shadowfax is not able to ensure a minimum order quantity in order to enable the
Delivery Partner to earn their fees, Shadowfax may, in its sole discretion, give a minimum
guaranteed payment to the Delivery Partner for logging-in the Platform and being available to
render Delivery Services. The amount of such minimum guarantee shall exclusively be
decided by Shadowfax and may apply to selective Delivery Partners. Further, offering
minimum guaranteed amount is purely at the sole discretion of Shadowfax and Delivery
Partner cannot claim it as a matter of right.
iv. The fees can vary, depending upon various factors and the same shall be informed to the
Delivery Partner from time to time.
v. Shadowfax may, at its sole discretion, provide temporary incentive structure or levy certain
deductions to the Delivery Partners based on certain parameters, qualitative and / or
quantitative, which incentive structures or deductions shall be communicated to the Delivery
Partner from time to time on the Platform.
vi. The Delivery Partner authorizes Shadowfax to make Tax Deduction at Source (TDS) as per
the Income Tax Act, 1961, where applicable and other taxes from the amount paid or remitted
to him under these T&Cs.
6. INSURANCE
Shadowfax may, at its sole discretion, provide insurance coverage to the Delivery Partners subject to such
conditions as may be communicated from time to time. In the event insurance is provided by Shadowfax to
the Delivery Partner, the Delivery Partner authorizes Shadowfax to deduct such amount, as may be notified
by Shadowfax, from the payouts payable to the Delivery Partner, towards the payment of the premium
amount by Shadowfax to the insurer.
The Delivery Partner further agrees and acknowledges that in case his services are engaged through a third-
party service provider, he shall not be entitled to avail any insurance benefits provided by Shadowfax..
7. SERVICE LEVELS
The Delivery Partner understands that Shadowfax may, in its sole and absolute discretion, prescribe certain
Service Level Parameters or Guidelines (“SLAs”), subject to which the Delivery Partner shall provide the
Delivery Services to Shadowfax. The Delivery Partner understands and acknowledges that adherence to the
SLAs, prescribed by Shadowfax, shall be of utmost importance at the time of provision of Delivery
Services. In the event, Shadowfax has reasonable grounds to believe that the Delivery Partner has not
complied with the prescribed SLAs while undertaking the Delivery Services, Shadowfax may, in its sole
and absolute discretion, withhold the payout, if any, payable to the Delivery Partner.
12. INDEMNIFICATION
i. The Delivery Partner agrees and undertakes to indemnify and to hold harmless Shadowfax, its
affiliates, successors, agents, assigns, and each of their directors, officers, employees, associates,
agents, and representatives or any third party from and against any losses, damages, liability,
claims, costs, penalty and expenses (including, without limitation, reasonable attorneys’ fees)
incurred by reason of (i) any breach or alleged breach by the Delivery Partner of its obligations,
performance or observance of its role, functions, responsibilities, representations, or warranties
under the T&C; (ii) any violation of Shadowfax’s policies, as may be implemented or amended by
it from time to time; (iii) any act or omission that causes or may cause harm to the reputation and
goodwill of Shadowfax; (iv) any claim of violation of intellectual property of Shadowfax or any
third party by its usage of Intellectual Property Rights in a manner not permitted under these T&C;
(v) the Delivery Partner’s misconduct or unauthorized access or use of the customer data on the
Platform or by the transferring of such data to any third party or unauthorized disclosure or use of
Confidential Information of Shadowfax; (vii) any act of theft, fraud, negligence and misconduct
by the Delivery Partner; (viii) any damage to the customer’s or service provider’s property or any
asset; (ix) any misbehavior towards the customers, service providers or Shadowfax and its
employees or tampering with the packaging of the products while performing the Delivery
Services; or (x) due to breach of any Applicable Laws by the Delivery Partner.
ii. The Delivery Partner shall be liable to indemnify and hold Shadowfax harmless against all
damages, losses, costs and expenses incurred by Shadowfax as a consequence of any complaint
from any customer received by Shadowfax with respect to any error or deficiency in the Delivery
Services.
iii. In addition to the indemnification rights of Shadowfax under these T&C, Shadowfax shall also be
entitled to such other remedies available under Applicable Law for breach of contract where time
is of essence.
16. AMENDMENT
Shadowfax reserves the right to change, modify, reinstate, amend or delete any terms and conditions
contained in these T&C, without prior notice, at any time and in its sole discretion, by posting a change
notice or a new agreement on the Platform. The Delivery Partner shall be responsible for keeping himself
apprised and informed of the revised terms and conditions at all times.
19. MISCELLANEOUS
i. Force Majeure: Neither Party shall have any liability under or be deemed to be in breach of these
T&C for any delays or failures in performance of these T&C which results from circumstances
beyond the reasonable control of that Party such as acts of god, fire, earthquake, flood, lighting,
violence of any army or mob or enemies of the country.
ii. Assignment: No rights or liabilities under these T&C can be assigned by any of the Parties hereto
without the prior written consent of the other Party.
iii. Entire Agreement: These T&C supersedes all prior discussions and agreements (whether oral or
written) if any, between the Parties with respect to the subject matter hereof.
iv. Term: These T&C shall, unless specifically terminated in accordance with the provisions
contained herein, be valid and effective from the date of the execution till such time that the
Delivery Partner continues to remain enlisted on the Platform.
v. Waiver: No waiver of any part of these T&C or consent to any departure from it by any Party shall
be effective unless it is in writing. A waiver or consent shall be effective only for the purpose for
which it is given. No default or delay on the part of any Party in exercising any rights, powers or
privileges operates as a waiver of any right, nor does a single or partial exercise of a right exclude
others.
vi. Severance: Any provision of these T&C which is invalid or unenforceable shall be ineffective to
the extent of such invalidity or unenforceability, without affecting in any way the validity, legality
and enforceability of the remaining provisions hereof.
vii. Delivery Partner hereby acknowledges and agrees to the use of his/her photographs by Shadowfax
for certain purposes, which may include usage of the Delivery Partner's photographs in
Shadowfax’s internal communications and presentations, training materials, marketing and
advertisement activities on various platforms, including without limitation, online advertisement,
social media and offline advertisement. Delivery Partner hereby consents to sharing of his/her
photographs by Shadowfax with third parties for the aforesaid purposes.
viii. No agency: No Party shall act as an agent of the other Party or have any authority to act on behalf
of the other Party.
ix. Anti – Bribery and Anti – Corruption: Shadowfax has no tolerance for bribery or corruption in any
aspect of its business. Shadowfax’s policy prohibits engaging in any form of corruption, bribery,
kickback, extortion, embezzlement or money laundering. Shadowfax is committed not only to
complying with all Applicable Laws and regulations regarding such activities but also to acting
with integrity and the highest ethical standards. The Delivery Partner shall not participate in,
facilitate or permit any form of corruption, bribery, kickback, extortion, embezzlement or money
laundering, whether with respect to public officials or to any other person. The Delivery Partner
shall comply strictly with all Applicable Laws and regulations and with the Shadowfax’s policy.
Breach of this clause shall be deemed a material breach of these T&Cs entitling Shadowfax to
terminate the engagement forthwith.
20. CONFIDENTIALITY
Other than for the purpose of undertaking Delivery Services, the Delivery Partner must not disclose any
Confidential Information with any third party without the prior written consent of Shadowfax. The Delivery
Partner understands that any disclosure of the Confidential Information by the Delivery Partner, other than
in accordance with this clause, shall be deemed to be a material breach of these T&Cs, thereby entitling
Shadowfax to immediately terminate these T&Cs.
21. DISCLAIMER
Shadowfax does not warrant that the Delivery Partner will be able to use the Platform and/ or that the
Platform and the Platform Services will be uninterrupted or error-free or that the defects will be capable of
being corrected by Shadowfax in a timely fashion. The Platform, the output generated there from, and all
other technology developed by Shadowfax, if any, are provided to the Delivery Partner on an “AS IS” and
“AS AVAILABLE” basis and Shadowfax specifically disclaims all warranties and indemnities, express,
implied or statutory, including without limitation any warranty of merchantability, fitness for a particular
purpose, accuracy, completeness, or any other warranty arising from the course of using the Platform.
PRIVACY POLICY
This Privacy Policy is an electronic record in terms of the Information Technology Act, 2000 and rules made
thereunder as may be amended from time to time. This Privacy Policy is (i) published in accordance with the
provisions of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 in
compliance with Information Technology Act, 2000 and rules thereunder; and (ii) generated by a computer system
and does not require any physical, electronic, or digital signatures.
Shadowfax Technologies Private Limited ("Shadowfax", the "Company", "we", "us" and "our,") respects your
privacy and is committed to protecting it through its compliance with its privacy policies. This policy describes:
• the types of information that Shadowfax may collect from you when you access or use its website
www.shadowfax.in (“Website”) or its mobile applications (“Applications”) and other online services
(collectively, referred as "Platform"); and
• its practices for collecting, using, maintaining, protecting and disclosing that information.
This policy applies only to the information Shadowfax collects through its Platform, in email, text and other
electronic communications sent through its Platform or when you send us communications, queries or apply for job
or for partnering with us via any computer, mobile or other similar electronic devices.
Please read this policy carefully to understand Shadowfax’s policies and practices regarding your information and
how Shadowfax will treat it. By accessing or using its Platform and/or registering for an account with Shadowfax,
you agree to this privacy policy and you are consenting to Shadowfax’s collection, use, disclosure, retention, and
protection of your personal information as described here. If you do not provide the information Shadowfax
requires, Shadowfax may not be able to provide all of its services to you or make the Platform available for your
use.
This policy may change from time to time. Your continued use of the Platform after Shadowfax makes any changes
to this policy is deemed to be acceptance of those changes, so please check the policy periodically for updates.
2. COLLECTION OF INFORMATION
• The information (which shall also include data) provided by you to Shadowfax or collected from you
by Shadowfax may consist of “personal information” and “non-personal information”.
• Personal information is information collected that can be used to uniquely identify or contact you.
Personal information for the purposes of this privacy policy shall include, but not be limited to your
name, address, contact number, e-mail address or other contact information, information regarding
your transactions on the website, your financial information, internet protocol address, any other items
of “sensitive personal data or information” as such term is defined under the Information Technology
(Reasonable Security Practices and Procedures and Sensitive Personal Data of Information) Rules,
2011 enacted under the Information Technology Act, 2000, identification code of your
communication device which you use to access the website or any other information that you provide
during your registration process, if any, on the website.
• Such personal information may be collected in various ways including during the course of you
registering as a user on the website, registering as a merchant on the website, availing certain services
offered on the website. Such instances include, but are not limited to, participating in any online
survey or contest or otherwise or posting user reviews or otherwise doing business on the website.
• We may receive personal information about you from third parties, such as social media services,
commercially available sources and business partners. If you access website through a social media
service or connect a service on website to a social media service, the information we collect may
include your user name associated with that social media service, any information or content the
social media service has the right to share with us, such as your profile picture, email address or
friends list, and any information you have made public in connection with that social media service.
When you access the website through social media services or when you connect website to social
media services, you are authorizing Shadowfax to collect, store, and use and retain such information
and content in accordance with this privacy policy.
• Shadowfax may also collect information other than personal information from you through the
website when you visit and / or use the website. Such information may be stored in server logs. This
non-personal information may include your geographic location, details of your telecom service
provider or internet service provider, the type of browser (internet explorer, Firefox, opera, Google
chrome etc.), The operating system of your system, device and the website you last visited before
visiting the website or the duration of your stay on the website is also stored in the session along with
the date and time of your access. Non-personal information is collected through various ways such as
through the use of cookies.
• Please do note that personal information and non - personal information may be treated differently as
per this privacy policy.
• You hereby represent to Shadowfax that: a) the information you provide from time to time is and
shall be authentic, correct, current and updated and you have all the rights, permissions and consents
as may be required to provide such information to Shadowfax; b) your providing the information to
Shadowfax and Shadowfax's consequent storage, collection, usage, transfer, access or processing of
the same shall not be in violation of any third party agreement, laws, charter documents, judgments,
orders and decrees.
• Shadowfax and its officers, directors, contractors or agents shall not be responsible for the
authenticity of the information that you or any other user provide to Shadowfax. You shall indemnify
and hold harmless Shadowfax and its officers, directors, contractors or agents and any third party
relying on the information provided by you in the event you are in breach of this privacy policy
including this provision and the immediately preceding provision above.
• On receiving personal information about our users, you no longer remain anonymous to us. We may
use this information to do internal research on our demographics, interests, and behaviour to better
understand, protect and serve you better.
• We indicate fields that are mandatorily required to be filled and fields that are optional. You may
decide whether or not to provide such information to us.
• You may choose not to provide us with any personal information or information as required to
complete your tasks/transactions initiated on the Platform. If we do not receive information required
for your tasks, a Delivery Partner may choose not to complete your task/transaction initiated on the
Platform.
3. STORAGE OF INFORMATION
• Your information will primarily be stored in electronic form however certain data can also be stored
in physical form. We may store, collect, process and use your data in countries other than India but
under compliance with applicable laws. We may enter into agreements with third parties (in or
outside of India) to store or process your information or data. These third parties may have their own
security standards to safeguard your information or data and we will on commercial reasonable basis
require from such third parties to adopt reasonable security standards to safeguard your information /
data.
[individually and collectively referred to as (“purposes”)]. You hereby agree and acknowledge that the
information so collected is for lawful purpose connected with a function or activity of the Company or any
person on its behalf, and the collection of information is necessary for the purposes.
5. REVIEW OF INFORMATION
• You may review, correct, update, change or delete your personal or non-personal information, either
through the login page on the website or the “view my profile” section on the mobile app (collectively
referred to as “your account”). Once you log into your account, you will be able to access and update
your personal or non-personal information. If your personal or non-personal information has been
provided to us, upon our request, through means other than the website, then you may review, correct,
update, change or delete your personal or non-personal information by contacting us at
hr@shadowfax.in.
• You can delete any part of your personal or non-personal information or request us to delete your any
such personal or non-personal information and we will comply with such requests within a reasonable
time, unless we are required to keep certain information for legal purposes.
• Should you choose to delete your personal or non-personal information, or modify it in a way that is
not verifiable by us, or leads to such personal or non-personal information being incorrect, we will be
unable to provide you with any services through our website, and such a deletion or modification may
be regarded as the you seeking to discontinue receipt of any services from us.
• We reserve the right to verify and authenticate your identity and your personal or non-personal
information in order to ensure accurate delivery of our services.
• Access to or correction, updating or deletion of your personal or non-personal information may be
denied or limited by us if:
(i) it would violate another person’s rights and/or is not otherwise permitted by applicable law;
(ii) if your requests are abusive or unreasonably excessive; or
(iii) if the information or material you request relates to existing or anticipated legal proceedings
between you and us, or providing access to you would prejudice negotiations between us or
an investigation of possible unlawful activity. Your right to review, update, correct, and
delete your information is subject to our records retention policies and applicable law,
including any statutory retention requirements.
9. RETENTION OF INFORMATION
• We will put in place measures such that your personal or non-personal information, which is in our
possession or under our control, is destroyed and/or anonymized as soon as it is reasonable to assume
that (i) the purpose for which your personal or non-personal information were collected is no longer
being served by the retention of such personal or non-personal information; and (ii) retention is no
longer necessary for purpose required under applicable law.
• If you wish to cancel or deactivate your account, you may visit the “deactivate my account” section of
the “my profile” page on the app. You would be prompted for sharing a reason for discontinuing
services with us. Pursuant to that, your Shadowfax account would be deactivated.
• We may retain information about you for the purposes authorized under this policy unless prohibited
by law. For example, we may retain the information to prevent, investigate or identify possible
wrongdoing in connection with the services, understand the requirement of services in particular areas
or pin codes or to comply with the legal obligations.
• Please note that your withdrawal of consent or deletion of your account may result in us not being
able to provide you with our services, or terminate any existing relationship that we may have with
you.
13. SECURITY
• We strive to ensure the security, integrity and privacy of your information and to protect your
personal information against unauthorized access or unauthorized alteration, disclosure or destruction.
We adopt adequate measures to prevent unauthorized access to your personal information. These
measures take into account the sensitivity of the information that we collect, process and store and the
current state of technology.
• We follow generally accepted industry standards to protect the personal information submitted to us,
both during transmission and once we receive it.
• We are not liable and cannot be held liable for any breach of security or for any actions of any third
parties that receive your personal information.
• Notwithstanding anything contained in this policy or elsewhere, we shall not be held responsible for
any loss, damage or misuse of your personal information, if such loss, damage or misuse is
attributable to a force majeure event (as defined below). A “force majeure event” shall mean any
event that is beyond our reasonable control and shall include, without limitation, sabotage, fire, flood,
explosion, acts of god, civil commotion, strikes or industrial action of any kind, riots, insurrection,
war, acts of government, computer hacking, unauthorized access to computer data and storage device,
computer crashes, breach of security and encryption, etc.
• You play an important role in keeping your personal information secure. You should not share your
user name, password, or other security information for your Shadowfax account with anyone. If we
receive instructions. If we receive instructions using your user name and password, we will consider
that you have authorized the instructions.