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TERMS AND CONDITIONS

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.

4. OBLIGATIONS OF THE DELIVERY PARTNER


i. Delivery Partner shall make himself/herself available to undertake Delivery Services as and when
a request for the same is received by him through the Platform.
ii. The Delivery Partner shall be solely responsible for making the necessary arrangement for the
vehicle to be used by him for providing Delivery Services. Shadowfax shall not be responsible for
providing any vehicle of any kind to the Delivery Partner under any circumstances.
iii. The Delivery Partner shall ensure that the vehicle used by him for providing the Delivery Services
is well maintained and in good condition so that there are no delays in rendering Delivery
Services.
iv. All expenses incurred in maintaining, running and riding the vehicle used by the Delivery Partner
for providing the Delivery Services shall be borne exclusively by him.
v. The Delivery Partner shall hold and possess a valid driving license at all times. The Delivery
Partner shall further ensure that the vehicle used by him for providing the Delivery Services has a
valid registration number as may be required under the Applicable Law, which shall be up to date
and in subsistence throughout the continuance of his engagement with Shadowfax.
vi. Copies of all the documents or information, as may be requested by Shadowfax from time to time,
shall be provided by the Delivery Partner to Shadowfax before commencing the Delivery Services
or at any other time deemed appropriate by it.
vii. During the course of undertaking Delivery Services, the Delivery Partner shall conduct himself
with honesty, discipline and in accordance with the policies and instructions of Shadowfax,
whether presently in force or adopted in the future, including but not limited to safety, driving
rules, etc. The Delivery Partner shall also comply with all Applicable Law including the
provisions of the Motor Vehicles Act, 1988 and its corresponding rules.
viii. Delivery Partner shall not commit any fraud while providing Delivery Services or otherwise
commit any act or omission, to gain any undue advantage. Delivery Partner agrees and
acknowledges that in case Shadowfax believes that the Delivery Partner has committed any of the
foregoing while providing the Delivery Services, Shadowfax shall, in addition to its right to
terminate these T&C, in its sole discretion reserve the right to (a) disable the Delivery Partner
from undertaking Delivery Services through the Platform for such time as it deems fit; (b) deduct
the undue gain made by the Delivery Partner through the fraudulent orders from the payout due to
the Delivery Partner and / or (c) initiate the necessary legal action, civil or criminal, against the
Delivery Partner.
ix. At no time whatsoever shall the Delivery Partner tamper, damage, open or do anything to the
orders handed over to him, that he/she is not specifically permitted to do. In case Shadowfax
suffers any loss due to the Delivery Partner tampering, damaging or opening the packaging of the
orders, Shadowfax shall have the right to recover the loss, if any, from the payments required to be
made by Shadowfax to the Delivery Partner under these T&C.
x. The Delivery Partner shall maintain the welcome kit, merchandise or any other assets in its
possession in a good condition at all times.
xi. The Delivery Partner shall undertake the Delivery Services by himself and shall not delegate the
same to any individual or third party.
xii. The Delivery Partner shall, at all times, act and perform his role in an ethical manner and to the
best of his abilities by ensuring a timely pick-up and delivery. In case of any delays due to traffic,
the Delivery Partner shall inform Shadowfax and follow instructions as given by it.
xiii. The Delivery Partner acknowledges that the goodwill and reputation of Shadowfax is at stake with
how effectively and efficiently the Delivery Partner renders Delivery Services pursuant to these
T&C. Accordingly, the Delivery Partner shall not do any act that adversely affects Shadowfax and
undertakes to be in compliance with Applicable Law at all times and protect the brand image,
business reputation or any other asset/property of Shadowfax.
xiv. While logged-in the Platform, the Delivery Partner shall not engage in any illegal activity or
perform any actions that are contrary to Applicable Law.
xv. All Confidential Information procured shall at all times be kept confidential and used only for the
limited permitted purposes of rendering Delivery Services.
xvi. The Delivery Partner shall not entitled to claim from Shadowfax, any compensation or
reimbursement of hospitalization/ hospital bills that may be incurred by the Delivery Partner while
rendering Delivery Services or incurred by his family members for any unfortunate accidents or
severe illness, during the subsistence of these T&C.

5. DELIVERY PARTNER INFORMATION


i. Shadowfax may collect information from the Delivery Partner at the time of acceptance of these
T&C or at any time thereafter, to establish the identity of the Delivery Partner.
ii. Shadowfax reserves the right to store, process, access and use the information provided by the
Delivery Partner for business purposes and needs, background check, verification, marketing,
service, development, analytics, research, and any other purpose as Shadowfax may deem fit and
in accordance with Applicable Law. The Delivery Partner hereby expressly consents to such
collection and use of the information provided by it.
iii. Subject to Applicable Law, Shadowfax may share any information provided by the Delivery
Partner with a third party (including service providers and customers), governmental agency,
judicial body or such other entities, as it may deem necessary for the purpose of providing the
services to its customers or resolution of disputes or carrying on its business activities.
iv. The Delivery Partner represents to Shadowfax that: a) the Information provided by him shall be
authentic, correct, current and updated and he shall have all the rights, permissions and consents as
may be required to provide such Information to Shadowfax. b) the Information provided 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.
v. The Delivery Partner understands that Shadowfax and its officers, directors, contractors or agents
shall not be responsible for the authenticity of the information that he may provide to Shadowfax.
The Delivery Partner agrees to indemnify and hold harmless Shadowfax and its officers, directors,
contractors or agents and any third party relying on the information provided by him.
vi. The Delivery Partner hereby unconditionally agree and permit that Shadowfax may transfer, share,
disclose or part with all or any of information, as provided by him, to third party service providers,
partners, customers, banks, financial institutions or such other Parties as may be required by
Shadowfax for the purpose of carrying on its business or for complying with the Applicable Law
or for the purpose of investigating, preventing or taking any action against illegal activities.
vii. The Delivery Partner understands that the Platform may provide links to other third party hosted
websites or applications. The provision of these links does not mean that such websites or
applications are related or associated with Shadowfax in any manner whatsoever. The Delivery
Partner understands that such websites or applications may have their own terms of use and
privacy policies and undertakes to check their privacy policy before submitting his information on
such website or applications. Shadowfax does not, in any manner whatsoever, guarantee the
content and the security of those websites or applications.
viii. Shadowfax shall opt such reasonable measures, in accordance with the Applicable Laws, to
protect the information provided by the Delivery Partner from unauthorized access, alteration or
destruction. The Delivery Partner understands that Shadowfax cannot be held liable for any breach
of security or any other actions of third parties which may result in unauthorized access, alteration
or destruction of this information.

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.

8. INTELLECTUAL PROPERTY RIGHTS


i. The Parties hereby agree that all Intellectual Property Rights shall be in absolute ownership,
possession and control of Shadowfax and the Delivery Partner is only permitted to use such
Intellectual Property Rights in connection with Delivery Services rendered under these T&C, as
are specifically permitted by Shadowfax. The Parties hereby clarify that no license or rights is
granted in the Intellectual Property Rights to the Delivery Partner under these T&C, by
implication or otherwise.
ii. Notwithstanding anything contained in these T&C, in the event the Delivery Partner uses the
Intellectual Property Rights in such manner so as to license, sub-license, create derivative
Intellectual Property Rights, use it otherwise not being in connection with Delivery Services
rendered under these T&C, the same shall constitute a breach of these T&C. In such an event,
Shadowfax reserves its rights to resort to legal proceedings against the Delivery Partner for
recovering damages and losses suffered or likely to be suffered.

9. REPRESENTATIONS AND WARRANTIES


i. The Delivery Partner represents and warrants as follows:
a. The Delivery Partner is capable of entering in the present Agreement, pursuant to the Indian
Contract Act, 1872 and is not below the age of 18 years as on the Effective Date.
b. All information provided by the Delivery Partner shall be true and correct and no information
that could impact the Delivery Partner’s performance to render Delivery Services pursuant to
these T&C shall be hidden from Shadowfax anytime during the subsistence of these T&C.
c. The Delivery Partner has not been convicted by any court in India or any other country of any
crimes, including but not limited, to involving moral turpitude. Further, the Delivery Partner
is not a party to any pending litigation, which shall materially affect his obligations under
these T&C.
10. TERMINATION
i. Shadowfax reserves the right to terminate these T&C and deny the Delivery Partner access to the
Platform at any time for any reason. The date on which the Delivery Partner’s access to the
Platform is intentionally blocked by Shadowfax shall be considered as the “Termination Date” of
these T&C.
ii. Without prejudice to the generality of the foregoing clause, Shadowfax reserves the right to
terminate these T&C with immediate effect for:
a. Any breach of the terms of these T&C by the Delivery Partner;
b. failure to verify or authenticate any information provided by the Delivery Partner; and
c. any action or omission by the Delivery Partner which can cause legal or contractual liability
for Shadowfax including but not limited to fraudulent conduct, customer complaints,
continuous unsatisfactory reviews by the customers, misconduct, negligence, and all other
actions specifically prohibited under Applicable Law.
iii. Shadowfax is also at liberty to terminate these T&C at their discretion, where, in their opinion,
continuance of the services of Delivery Partner is detrimental to the business interest of
Shadowfax due to the acts of the Delivery Partners, such as the following:
a. Indulging in any act which may amount to misbehavior or rude behavior with the staff of
Shadowfax, customer, service providers or any other persons associated with the Shadowfax;
b. Any acts involving criminal offence punishable under law, including physical assault,
threatening any of the staff of Shadowfax, person associated with Shadowfax and any other
persons;
c. Concealment of fact / material information while entering into contract with Shadowfax;
d. Providing the services while intoxicated or under the influence of any intravenous drugs;
e. Commission of fraud/ misappropriation/embezzlement for undue monetary gain, which is
against the interest of Shadowfax;
f. Negligence in performing the duty, causing damage to moveable and immoveable assets of
Shadowfax, its employees or any other third party;
g. Indulging in sharing content through digital media, social networking sites, or any other form,
which could be detrimental to Shadowfax’s brand and its image;
h. Indulging in acts such as creating ruckus/ strike/ or any activity against Shadowfax, which
could be detrimental to Shadowfax’s brand and its image;
i. Indulging in unauthorized disclosure of Confidential Information of Shadowfax to any
external agency, person or any other third party;
j. Misuse of any assets, merchandise or welcome kits provided by Shadowfax, which could be
detrimental to the interest of Shadowfax or may result in a loss to its brand and its image;
k. In the reasonable opinion of Shadowfax, where the Delivery Partner absconds with any asset,
delivery item, money or any other valuable item belonging to Shadowfax, its employees,
customers and/ or other staff member(s);
l. Failure to abide by any of the rules and guidelines given by Shadowfax as part of service
quality standards and principles.
m. In case the background check, whether wholly or partially, is found negative at any point of
time during the term of these T&C.
iv. Upon termination of these T&C, the Delivery Partner shall return the assets, if any, along with
such other merchandise, as may be notified by Shadowfax (“Returnables”) within 24 hours from
the Termination Date. In case the Delivery Partner fails to do so, Shadowfax shall reserve the right
to set-off the cost of the Returnables against the payments required to be made by Shadowfax to
the Delivery Partner.
v. Notwithstanding anything contained in this Clause, Shadowfax reserves the right to recover any
amounts due and owed by the Delivery Partner and take appropriate legal actions that may be
available under Applicable Law and equity for recovery of any amounts due.
vi. In the event, the Delivery Partner leaves or absconds, the provision contained in sub - clause iv
and v to this clause shall apply.
vii. In case the Delivery Partner intends to terminate these T&C on his own, he has to intimate
Shadowfax in advance by giving a fifteen (15) days prior notice in writing, his intention to
terminate the contract.

11. ACCIDENTS WHILE PROVIDING THE DELIVERY SERVICES


The Delivery Partner shall be solely liable for any and all accidents / incidents involving the Vehicle used
by the Delivery Partner while providing the Delivery Services. Shadowfax disclaims all liability for any
accidents / incidents involving 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.

13. LIMITATION OF LIABILITY


i. In no event will Shadowfax be liable for any losses arising from or in connection with these T&C,
pursuant to any claim by the Delivery Partner against Shadowfax, under contract, tort or
otherwise, if such losses could have been avoided by the Delivery Partner using reasonable efforts
to mitigate them.
ii. Further, Shadowfax shall also not be liable to the Delivery Partner in contract, tort or otherwise for
indirect, special, incidental, exemplary, punitive, or consequential damages of any kind
whatsoever even if advised of the possibility of such damages. Notwithstanding anything contrary
contained elsewhere in the Agreement, the total cumulative liability of Shadowfax to the Delivery
Partner or to any person claiming under contract, tort, or otherwise, shall not exceed an amount of
INR 1,000/- (Indian Rupees One Thousand only). Shadowfax shall not be responsible or liable for
any loss or damage, howsoever caused or suffered by the Delivery Partner, arising out of the use
of the Platform, directly or indirectly, for any reason whatsoever.

14. SET OFF


In addition to any other remedies provided under these T&C or provided by law or in equity, Shadowfax
may, at any time, set off any liability of the Delivery Partner to Shadowfax against any liability of
Shadowfax to the Delivery Partner, whether either liability is present or future, liquidated or unliquidated,
and whether or not either liability arises under these T&C.

15. COMPLIANCE WITH THE APPLICABLE LAWS


The Delivery Partner agrees and consents to comply with all Applicable Laws for providing the Delivery
Services and for accessing the Platform, whether presently in effect or any time in the future.

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.

17. RELATIONSHIP OF THE PARTIES


The Delivery Partner is an independent business contractor and this T&C is a principal-to-principal
contract. It shall not create any partnership, joint venture, employment, agency, franchise or any vicarious
and absolute liability relationship between the parties. It is clarified between the parties that neither of the
parties shall be liable for any action or omission of the other party in any manner. It is clearly understood
and agreed that under these T&C, no relationship of employer and employee exists between Shadowfax
and Delivery Partner. The Delivery Partner shall not have any claim for permanent employment or
employment benefits under any statutes / local laws.

18. DISPUTE RESOLUTION


i. These T&C and the Agreement shall be governed by laws of India.
ii. The courts in Bengaluru, Karnataka shall have the exclusive jurisdiction to entertain any disputes
arising under these T&Cs.

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.

1. OUR STATEMENT OF PRIVACY PRACTICE


Your information is collected and processed in accordance with the terms and conditions of this Privacy
Policy.

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.

4. USE OF PERSONAL INFORMATION


We may collect, use, store and process your information for any purpose as may be permissible under
applicable laws (including where the applicable law provides for such collection, usage, storage or
processes in accordance with the consent of the user). We may collect, use, store and process your personal
information for the following purposes:
• to facilitate your use of the Platform;
• to respond to your inquiries or fulfil your requests for information about the various services
ordered on the Platform;
• to process and complete the orders placed with the participating merchants and is shared as
needed to process and complete the orders;
• to ensure that orders have are successfully delivered on time, and to keep you informed on the
status of your order;
• to provide you with information about services available on the website and to send you
information, materials, and orders;
• to send you important information regarding the website, changes in terms and conditions, user
agreements, and policies and/or other administrative information;
• to send you surveys and marketing communications;
• to personalize your experience on the website by presenting advertisements, services and orders
tailored to your preferences;
• to help you address your problems incurred on the website including addressing any technical
problems;
• if you avail of any service from the website, to complete and fulfil the same.
• to protect the integrity and for proper administering of the website;
• to conduct internal reviews and data analysis for the website;
• to improve the services and content on the website;
• to conducting academic research, surveys, analytical studies on various aspects including user
behavior, user preferences etc.;
• to respond to legal, judicial, quasi-judicial process and provide information to law enforcement
agencies or in connection with an investigation on matters related to public safety, as permitted by
law;
• to implement information security practices;
• to determine any security breaches, computer contaminant or computer virus;
• to investigate, prevent, or take action regarding illegal activities and suspected fraud,
• to undertake forensics of the concerned computer resource as a part of investigation or internal
audit;
• to process any job application you may submit;
• to trace computer resources or any person who may have contravened, or is suspected of having
or being likely to contravene, any provision of law including the Information Technology Act,
2000 that is likely to have an adverse impact on the services provided on any website or by
Shadowfax; and
• to enable a potential buyer or investor to evaluate the business of Shadowfax.

[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.

6. SHARING AND DISCLOSURE OF YOUR INFORMATION


• You hereby unconditionally agree and permit that Shadowfax may transfer, share, disclose or part
with all or any of your information, within and outside of India to third party service providers /
partners / banks and financial institutions for one or more of the purposes or as may be required by
applicable law.
• You acknowledge and agree that, to the extent permissible under applicable laws, it is adequate that
when Shadowfax transfers your information to any other entity within or outside your country of
residence, Shadowfax will place contractual obligations on the transferee which will oblige the
transferee to adhere to the provisions of this privacy policy.
• Shadowfax may share statistical data and other details (other than your personal information) without
your express or implied consent to facilitates various programmes or initiatives launched by
Shadowfax, its affiliates, agents, third party service providers, partners or banks & financial
institutions, from time to time. We may transfer/disclose/share information (other than your personal
information) to those parties who support our business, such as providing technical infrastructure
services, analyzing how our services are used, providing merchants services, facilitating payments, or
conducting academic research and surveys. These affiliates and third party service providers shall
adhere to confidentiality obligations consistent with this privacy policy.
• Notwithstanding the above, we use other third parties such as a credit/debit card processing company,
payment gateway, pre- paid cards etc. to enable you to make payments for availing services. When
you sign up for these services, you may have the ability to save your card details for future reference
and faster future payments. In such case, we may share your relevant personal information as
necessary for the third parties to provide such services, including your name, residence and email
address. The processing of payments or authorization is solely in accordance with these third parties
policies, terms and conditions and we are not in any manner responsible or liable to you or any third
party for any delay or failure at their end in processing the payments.
• We may also share personal information if we believe it is necessary in order to investigate, prevent,
or take action regarding illegal activities, suspected fraud, situations involving potential threats to the
physical safety of any person, violations of various terms and conditions or our policies.
• We reserve the right to disclose your information when required to do so by law or regulation, or
under any legal obligation or order under law or in response to a request from a law enforcement or
governmental agency or judicial, quasi-judicial or any other statutory or constitutional authority or to
establish or exercise our legal rights or defend against legal claims.
• We may share your information with outside vendors that we use for a variety of purposes, such as to
send you communications via emails, messages or tele-call to inform you about our services that may
be of interest to you, push notifications to your mobile device on our behalf, provide voice
recognition services to process your spoken queries and questions, help us analyze use of our services
and Platform, and process and collect payments. Some of our products, services and databases are
hosted by third party hosting services providers. We also may use vendors for other projects, such as
conducting surveys . We may share information about you with these vendors only to enable them to
perform their services.
• You further agree that such disclosure, sharing and transfer of your personal information and non-
personal information shall not cause any wrongful loss to you or to any third party, or any wrongful
gain to us or to any third party.
• Any content or personal information that you share or upload on any current or future publicly
viewable portion of the Platform (on discussion boards, in messages and chat areas, etc.) will be
publicly available, and can be viewed by others.
• We and our affiliates will share / sell some or all of your personal information with another business
entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-
organization, amalgamation, restructuring of business. Should such a transaction occur that other
business entity (or the new combined entity) will be required to follow this privacy policy with
respect to your personal information.

7. SECURITY REVIEW OF INFORMATION


We reserve the right to conduct a security review of the information provided by you at any time to verify
your identity. You agree to provide us all the information that we request for the security review. If you fail
to comply with any security request, we reserve the right to terminate your account with us and prohibit
your access to the website.

8. CHOICES ABOUT USAGE AND DISCLOSURE OF INFORMATION


We strive to provide you with choices regarding the personal information you provide to us. You can set
your browser or mobile device to refuse all or some browser cookies, or to alert you when cookies are
being sent. If you disable or refuse cookies, please note that some parts of our Platform may then be
inaccessible or not function properly. We do not share your personal information with any advertising
agency.

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.

10. LINK TO OTHER WEBSITES


• Our website may provide links to other sites. These links are provided for your convenience only and
the provision of these links does not mean that sites are related or associated with us. Please note that
these sites have their terms of use and privacy policies. You should check their privacy policy before
you submit your personal information or any other data with them. We don’t guarantee the content
and the security of those sites.
• We may have certain features on our website which may be hosted by third parties; your interaction
with such features shall be governed by the privacy policy of such third parties. We shall not be
responsible for any loss, damage, claim or expense caused as a result of you accessing these third
party sites and features.
• We hereby expressly disclaim all liabilities with respect to the manner in which such third party
site(s) collects and/or uses your information. On the Platform, there may be third parties who
advertise their products and/or services. Such third parties may place or recognize a unique "cookie"
on your browser and may use information about your visits to our Platform and other websites in
order to provide advertisements about goods and services of interest to you. We shall, in no event, be
liable for any unauthorized or unlawful disclosures of your personal information or any other
information made by advertisers, who are not subject to Our control.

11. INFORMATION REGARDING PRECISE LOCATION


When you use one of our location-enabled services (for example, when you access the Platform from a
mobile device), we may collect and process information about your mobile device's GPS location
(including the latitude, longitude or altitude of your mobile device) and the time the location information is
recorded to customize the Platform with location-based information and features. Some of these services
require your personal data for the feature to work and we may associate location data with your device ID
and other information we hold about you. We keep this data for no longer than is reasonably necessary for
providing services to you. If you wish to use the particular feature, you will be asked to consent to your
data being used for this purpose. You can withdraw your consent at any time by disabling the GPS or other
location-tracking functions on your device, provided your device allows you to do this. See your device
manufacturer's instructions for further details.

12. COOKIES AND OTHER ELECTRONIC TOOLS


• We, and third parties with whom we partner, may use cookies, pixel tags, web beacons, mobile device
IDs, "flash cookies" and similar files or technologies to collect and store information in respect to
your use of the Platform and third party websites.
• A cookie is a small text file that is stored on your computer that enables us to recognize you (for
example, as a registered user) when you visit our website, store your preferences and settings,
enhance your experience by delivering content and advertising specific to your interests, perform
research and analytics, track your use of our Platform, and assist with security and administrative
functions. Cookies may be persistent or stored only during an individual session. To understand more
about cookies, click here https://www.aboutcookies.org.
• A pixel tag (also called a web beacon or clear GIF) is a tiny graphic with a unique identifier,
embedded invisibly on a webpage (or an online ad or email), and is used to count or track things like
activity on a webpage or ad impressions or clicks, as well as to access cookies stored on users'
computers. We may use pixel tags to measure the popularity of our various pages, features and
services. We also may include web beacons in e-mail messages or newsletters to determine whether
the message has been opened and for other analytics.
• Most browsers are set to automatically allow cookies. Please note it may be possible to disable some
(but not all) cookies through your device or browser settings, but doing so may interfere with certain
functionality on the Platform.

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.

14. INFORMATION FROM THIRD PARTIES


We may collect, process and store your user ID associated with any social media account (such as your
Facebook and Google account) that you use to sign into the Platform or connect with or use with the
Platform. When you sign in to your account with your social media account information, or otherwise
connect to your social media account with the Platform, you consent to our collection, storage, and use, in
accordance with this Policy, of the information that you make available to us through the social media
interface. This could include, without limitation, any information that you have made public through your
social media account, information that the social media service shares with us, or information that is
disclosed during the sign-in process. Please see your social media provider's privacy policy and help center
for more information about how they share information when you choose to connect your account.
We may also obtain information about you from third parties such as partners, marketers, third-party
websites, and researchers, and combine that information with information which we collect from or about
you.

15. ANONYMOUS OR DE-IDENTIFIED DATA


We may anonymize and/or de-identify information collected from you through the Platform or via other
means. As a result, our use and disclosure of aggregated and/or de-identified information is not restricted
by this Privacy Policy, and it may be used and disclosed to others without limitation.

16. PERMISSIBLE AGE


The Platform is not intended for users under the age of 18 (eighteen), unless permitted under applicable
local laws (Permissible Age). We do not knowingly collect any personal information from users or market
to or solicit information from anyone under the Permissible Age. If we become aware that a person
submitting personal information is under the Permissible Age, we will delete the account and any related
information as soon as possible. If you believe we might have any information from or about a user under
the Permissible Age, please contact us at support@shadowfax.in.

17. CHOICE / OPT – OUT


You agree and acknowledge that you are providing your information out of your free will. You have an
option not to provide or permit Shadowfax to collect your personal information or later on withdraw your
consent with respect to such personal information so provided herein by sending an email to the grievance
officer or such other electronic address as may be notified to you.

18. UPDATES TO THIS PRIVACY POLICY


We reserve the right to amend this policy from time to time to reflect changes in the law, our data
collection and use practices, the features of our services, or advances in technology. Please check this page
regularly for changes. Our commitment to protect the privacy of website users will continue to remain. Any
changes or updates made to the privacy policy will be made effective immediately. The use of the
information we collect is subject to the privacy policy in effect at the time such information is used. Your
continued use of the Platform following the changes to this Policy will constitute your consent and
acceptance of those changes.

19. GRIEVANCE OFFICER


If you have any queries relating to the processing / usage of information provided by you or Shadowfax’s
Privacy Policy or you have any grievances relating to the privacy policy, you mail email the Grievance
Officer or write to us at the following address:
Name: Praharsh Chandra
Address: 93/A, Appek Building, 1st Floor, 4th B Cross, 5th Block, Koramangala, Bengaluru – 560 095
Phone: +91 80675 00106
Email: support@shadowfax.in.

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