Delivery Partner Terms of Use These terms of use (“Terms of Use”) describe the terms on which the delivery partners (“You” or “Your” or “Yourself” or “Delivery Partner”) interested in registering or availing Quick Services (defined below) and accessing the platform www.hiquick.in and the mobile application “Quick” owned and operated by Quick (“Quick”) and licensed for use on a revocable, non-exclusive, temporary, non-assignable basis to You, collectively referred to as, the “Platform”, connect with the users registered on the Platform (“Users”) and the merchants registered on the Platform (“Merchants”) to provide Your transportation, delivery and logistics services to them, as may initiated by them on the Platform. PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE PLATFORM OR AVAILING THE QUICK SERVICES OR ACCESSING/USING ANY MATERIAL, INFORMATION THROUGH THE PLATFORM. YOUR USE OF THE PLATFORM OR QUICK SERVICES SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME. Use of and access to the Platform is offered to You only upon acceptance of all the terms, conditions and notices contained in this Terms of Use, along with any amendments made by Quick at its sole discretion and posted on the Platform. By using the Platform or the Quick Services, You agree that You have read, understood and agreed to be bound by these Terms of Use and the Platform’s Privacy Policy available at https://admin.hiquick.in/privacy-policy You hereby acknowledge and agree that Quick is a technology services provider that does not (i) provide Delivery Partner/DP Services (defined below), or (ii) function as a transportation/logistics carrier, (iii) operate as an agent for the delivery of good(s)/item(s) purchased, logistic(s) services and/or transportation of passengers. 1. Delivery Partner/DP Services: You may choose to perform any of the following services to Users and Merchants as per your choice and convenience. You may choose to perform these services on any day of the week and for as long as you may wish for. When you click on the accept option upon a notification of a task, you expressly consent each time for providing your services to the User. You agree that You provide services directly to the User or Merchant, as the case maybe. a. Transportation/ Delivery Services from Merchant Establishments. You acknowledge that the Users may place orders with Merchants listed on the Platform through the Platform to purchase products/avail services (“Items”) from the Merchants. In this regard, You shall provide transportation/delivery services from the Merchant establishment to the location specified by the User with respect to the transactions initiated by the User on this Platform (“Delivery Services”). Unless otherwise specified, You hereby agree that while performing Delivery Services pertaining to the Item from the Merchant to the User, You acknowledge that Quick is only a facilitator of the transactions that take place on the Platform and Quick shall not be a party to any transaction that is initiated on the Platform. You shall be responsible for safely delivering the Items to the Users or to any person as may be specified by the User. b. Pick Up and Drop Off Services. You acknowledge that Users may initiate a transaction on the Platform by which You will be required to pick up packages/Items from a particular location and drop off the packages/Items at another location (“Pick Up and Drop Off Services”). You agree that before pick up of Item you shall ensure the packaging is not tempered, lose or broken. You further agree that before dropping off the packages, You shall take reasonable measures to ensure that the packages/Items are dropped off at the correct drop off location in original condition/packaging and handed over to the correct person. You shall be responsible for safely delivering the Items to the Users or to any person as may be specified by the User. c. Purchase Items. You acknowledge that Users may initiate a transaction on the Platform by which You would be required to purchase any Item for the User (“Purchase Services”). It is hereby clarified and acknowledged by You that your services to the User is concluded only upon the Item being delivered to the User. You further agree and acknowledge that for any of the Services mentioned above, You shall act as an agent of the User and act in accordance with the instructions provided by the User and Quick will not be responsible for the Item purchased or for any loss/damage caused to the Item during transit. d. Bike Taxi. You acknowledge that in specific permissible Territories, User may initiate transactions on the Platform requesting for transportation services from You (“Bike Taxi Services”). You shall provide the Bike Taxi Services using Your vehicle, which is so permitted to be used for Bike Taxi Services. You acknowledge and agree that while performing the Bike Taxi Services, You shall act in accordance with the instructions provided by the User. e. Bike Pool. You acknowledge that in specific permissible Territories, User may initiate request for shared transportation from You (“Bike Pool Services”). You shall assist the User to commute between certain locations en-route to your final destination using Your vehicle. You acknowledge and agree that the Bike Pool Services is not intended for commercial use and is meant to share the cost of the ride. f. For the purposes of this Terms of Use, Delivery Services, Pick Up and Drop Off Services, Purchase Services, Bike Taxi Services, and Bike Pool Services shall hereinafter together be referred to as the “DP Services”. g. You shall provide the DP Services, only in the applicable Territory in accordance with these Terms of Use and applicable law. For the purposes of this Terms of Use “Territory” means the city or metro areas in the territory of India, which Delivery Partners are enabled by the Platform to receive requests for DP Services. 2. Registration a. You shall be permitted to access the Platform, avail the Quick Services and connect with the Users and Merchants on the Platform, as the case maybe, to provide DP Services only upon creating an Account (defined below) and obtaining a registration on the Platform. Your ability to continue using the Platform, avail Quick Services and provide DP Services is subject to Your continued registration on the Platform. To register, You are required to provide all required details as may be sought by Quick. It is your responsibility to provide all your current, updated and requisite details. You shall be required to provide Quick, at the time of registration, forthwith upon any revision, and at any time on Quick’s request, with information and documentary evidence pertaining to You, any authorizations that You may have, contact details and other details as requested by Quick. The document/information that Quick may need from Your end shall be intimated to You from time to time. Quick reserves the right to independently verify Your documentation from time to time in any way Quick deems appropriate in its reasonable discretion. b. Upon registration on the Platform, you will receive a Delivery Partner Identification Number (“DP ID”). The DP ID is specific to You only. You are responsible for all DP Services provided under the DP ID allocated to You. c. You will be responsible for maintaining the confidentiality of the Account information and are fully responsible for all activities that occur under Your Account. You agree to immediately notify Quick of any unauthorized use of Your Account information or any other breach of security. It is a good practice to exit from your Account at the end of every session. Quick cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by Quick or any other User of or visitor to the Platform due to authorized or unauthorized use of Your Account. Use of another Delivery Partner’s Account information for using the Platform is expressly prohibited. d. Quick shall have the right to display the information provided by You on the Platform. You shall ensure that all the information provided by You is sufficient to give a clear description of Yourself and the DP Services performed by You for the Users, and is not false or misleading in any manner. Quick does not independently verify the information. Quick shall in no way be responsible or liable for the accuracy or completeness of any information provided by You. e. Registration Fee. Quick may charge a non-refundable on boarding fee at the time of registration on the platform. 3. Quick Services The Platform provides you with the following services (“Quick Services”)- a. License to the Platform; b. Where authorized, collection of your fee for DP Services. c. It may facilitate the issuance of invoice/payment statement to the Users, on Your behalf 4. Provision of DP Services. a. When You are logged into Your Account on the Platform, Users’ requests for DP Services may appear to You on Your Account on the Platform if You are available and visible in the vicinity of the task raised by the User. You have the choice to accept the request from the User. If you accept the User request for DP Services, You will receive in an automated manner certain user information which may inter alia include the pick-up address, User’s name, item to be purchased, purchase location, pick-up/drop off location, contact information etc. (“User Information”). b. Once you have accepted a User’s request for DP Services, with respect to Bike Taxi or Bike Pool Service, you shall be encouraged to follow the guidelines and standards as may be formulated by Quick with respect to safety, etiquettes, etc. from time to time. While performing these DP Services, You shall also be responsible to abide by the safety conditions as may be required by a relevant state / central authority. c. You hereby acknowledge and agree that once You have accepted a User’s request for DP Services, the Platform may display to the User in an automated manner, certain information about You which may inter alia include Your name, contact information, photo and location, Your rating, Your driving license information and Your vehicle registration number and other personal information necessary for the successful and timely accomplishment of the DP Services. d. You agree and undertake that You shall not contact Users or use any User’s personal data/User Information for any reason other than for the purposes of fulfilling DP Services through the Platform in accordance with these Term of Use and applicable law. e. You shall provide valid invoices issued by Merchants to the User for the Items covered under DP Services (especially Delivery Services and Purchase Services) performed by You, (as may be applicable). For Your services, the Platform generates an automated service receipt/ Payment Statement/ Invoice as the case maybe, on Your behalf to the User. f. You shall transport all Items for the Users and provide all DP Services to the User directly to their specified destination or otherwise complete all logistics related tasks, as directed by the applicable User, without undue delay. In the event, You, at your own discretion feel that there will be an inordinate delay, You shall on a best efforts basis try and reach out to the User. g. With respect to DP Services, You hereby agree that You shall not open or attempt to open the Items/packages to be dropped off/delivered to or on behalf of the User. However, if it comes to Your knowledge that a package contains illegal/unlawful substance or Items not permissible to be delivered through the DP Services, You shall immediately report the same to the concerned law enforcement authorities and return the package to the User and in case User is not available at the pick up location, submit the same to the concerned law enforcement authorities. You expressly agree that You will not deliver/transport any restricted and/or banned and/or dangerous and/or prohibited and/or illegal items (such items include, but are not limited to, radio-active, incendiary, corrosive or flammable substances, hazardous chemicals, explosives, firearms or parts thereof and ammunition, firecrackers, cyanides, precipitates, gold and silver ore, bullion, precious metals and stones, jewellery, semi-precious stones including commercial carbons or industrial diamonds, currency (paper or coin) of any nationality, passports, credit/debit/ATM cards, lottery tickets and gambling devices, livestock, insects, animals, human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens, hazardous waste, pornographic materials, contraband, alcoholic beverages or any intoxicant or narcotics and psychotropic substances or any other prohibited material or material for the transportation of which specific authorisation/license is required under applicable laws) (all of such items, the “Restricted Items”) or entertain any User’s request to deliver/purchase or transport such Restricted Items. 5. Delivery Partner’s Relationship with Quick. a. Quick does not, and shall not be deemed to have any form of direct or indirect control over Delivery Partners inter alia with respect to the availability of Delivery Partners, performance of DP Services by the Delivery Partners or maintenance of Delivery Partner’s vehicle or compliance with applicable laws applicable to Delivery Partners of DP Services. It is hereby clarified that there is no employer- employee relationship between Quick and the Delivery Partners. Delivery Partner acknowledges that Quick does not control, or purport to control: i. when or for how long will the Delivery Partner utilize the Platform or the Quick Services; or ii. Delivery Partner’s decision, via the Platform, to attempt to accept or to decline or ignore a User’s request for DP Services on the Platform, subject to Quick’s then-current cancellation policies. b. You are not an employee of Quick. You may thus choose to engage with other occupations or means of livelihood. There is no exclusivity arrangement with Quick and You have complete discretion to operate Your independent business or enroll with other platforms for performing similar services .You have no authority to bind Quick and undertake not to hold Yourself out as an employee, agent or authorized representative of Quick or its affiliates. Where, by implication of mandatory law or otherwise, You may be deemed an employee, agent or representative of Quick, You undertake and agree to indemnify, defend and hold Quick and its affiliates harmless from and against any claims by any person, entity, regulators or governmental authorities based on such implied employment, agency or representative relationship. c. Your Account may be deactivated or otherwise restricted from accessing or using the Platform or the Quick Services in the event of a violation of these Terms of Use, disparagement of Quick or any of its affiliates, or Your act or omission that causes harm to Quick’s or any of its affiliates’ brand, reputation or business as determined by Quick in its sole discretion. Quick also retains the right to deactivate or otherwise restrict You from accessing or using the Platform or the Quick Services for any other reason at the sole and reasonable discretion of Quick. d. You agree that You may require certain enablers such as bikes, mobile phones, helmets, bags or other such instruments for you to perform DP Services. Quick is not responsible to provide any such support to You. In particular, Quick is not responsible to provide You with reimbursements of any fuel incurred by You, or insurance premium paid by You, or helmets purchased by you. You shall solely be responsible for maintaining the necessary equipment and internet connections that may be required to access, use and transact on the Platform and avail the Quick Services. e. Quick may from time to time provide You with certain advisories in respect of Your performance of the DP Services. These advisories may be issued to facilitate compliance with applicable law or to generate a uniform platform experience for Users, Merchants and other Delivery Partners. You are encouraged to follow them. f. You may from time to time receive notice of certain welfare/benefit programs that You may avail as part of the Quick eco-system. Availing such benefits are subject to Your choice and opt-in. These benefits will be provided to you by third party service providers who Quick does not control or sponsor. You will not receive any employee benefits. g. To facilitate provision of DP Services, You may choose to avail certain third-party services such as personal loans, accident insurance policies etc. Some of these third-party services may be introduced to You through Quick. The choice of availing all such services is Yours. Quick is not responsible for such services provided by third parties. If you choose to avail such benefits You authorize Quick to share information about You as required for such third parties to provide the services to You. 6. Delivery Partner’s Relationship with Users. a. Delivery Partner acknowledges and agrees that it’s provision of DP Services to Users creates a legal and direct business relationship between the Delivery Partner and the User, to which Quick is not a party. Quick is not responsible or liable for the actions or inactions of a User in relation to the activities of the Delivery Partner. You shall have the sole responsibility for any obligations or liabilities that may arise towards the Users or any third parties that arise from the provision of Your DP Services. You are solely responsible for taking such precautions as may be reasonable and proper (including maintaining adequate insurance policies that meet the requirements of all applicable laws) regarding any acts or omissions of a User or third party. 7. Ratings a. You agree that: (i) after providing DP Services to a User, the Platform will prompt the User with an option to provide a rating of such DP Service provided by You and, optionally, to provide comments or feedback about You and such DP Service; and (ii) after providing the DP Services to the Users, You will be prompted on the Platform to provide a rating of the User and, optionally, to provide comments or feedback about the User. You shall provide ratings and feedback in good faith and unbiased manner. b. In order to continue to receive access to the Platform and the Quick Services, You hereby acknowledge that You must maintain an average rating by Users that exceeds the minimum average acceptable rating established by Quick for the Territory, as may be updated from time to time (“Minimum Average Rating”). In the event Your average rating falls below the Minimum Average Rating, Quick may provide You a limited period of time to raise Your average rating above the Minimum Average Rating. You hereby agree that if You do not increase Your average rating above the Minimum Average Rating within the time period allowed (if any), Quick may deactivate Your access to the Platform and the Quick Services. c. Quick and its affiliates reserve the right to use, share and display Your ratings and comments in any manner in connection with the business of Quick and its affiliates without attribution to or approval of Delivery Partners and You hereby consent to the same. Quick and its affiliates reserve the right to remove comments from Platform in the event that such comments include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, intermediary guidelines, other applicable laws or Quick’s or its affiliates’ content policies. 8. Location Based Services. You acknowledge and agree that Your geo-location information is required from You to provide the DP Services to the Users, using the Platform and is required by Quick for it to provide You with Quick Services. You acknowledge and hereby consent to the following: (a) Your geo‐location information will be monitored and tracked by Quick, when You are logged into Your Account on the Platform and available to receive requests for providing DP Services from the Users, or when You are providing transportation and/ or logistics services to the Users; and (b) the approximate location of Your vehicle will be displayed to the User before and during the provision of DP Services to such User. In addition, Quick may monitor, track and share Your geo‐location information obtained by the Platform and Delivery Partner Device, as the case may be, for safety, security, technical, marketing and commercial purposes, including to provide and improve Quick’s products and services. 9. Delivery Partners and Vehicles a. Delivery Partner Requirements. In order to register as a Delivery Partner, You must be above 18 years of age. You acknowledge and agree that You shall at all times hold and maintain (i) a valid driver's license (if applicable) with the appropriate level of certification to operate the vehicle driven/ridden by You, and (ii) all licenses, permits, approvals and authority applicable to Your vehicle (if applicable) that are necessary to provide DP Services; (iii) the appropriate and current level of training, expertise and experience to provide DP Services in a professional manner with due skill, care and diligence; and (iv) high standards of professionalism, service and courtesy. You acknowledge and agree that You may be subject to certain background, driving record, address verification, judicial checks from time to time. b. Vehicle Requirements. You acknowledge and agree that Your vehicle with which You choose to provide DP Services shall be: (i) operated in compliance with all applicable laws; (ii) properly registered, insured and licensed in accordance with law to operate as a passenger transportation vehicle, a shared mobility vehicle and/or vehicle to transport/deliver Item(s)/product purchased in the Territory on behalf of the User; (iii) suitable for performing the passenger transportation service, shared mobility services and/or to transport Item(s) as contemplated by these Terms of Use; and (iv) maintained in good operating condition, consistent with industry safety and maintenance standards for a vehicle of its kind and any additional standards or requirements in the applicable Territory, and in a clean and sanitary condition (together hereinafter referred to as “Vehicle Specification”). 10. Financial Terms a. User Payment: While providing Purchase Services and Delivery Services for Items which are purchased/picked up from merchants not registered on the Platform, and the prices for such items are not provided on the Platform, You shall promptly provide the price details and Item details, including pictures of the Items to the Users on the Platform. Upon confirmation of the Items by the Users on the Platform, and on payment of the same by the User, You shall make the purchase on behalf of the Users. If required, Quick may provide You with a pre-paid instrument or cash to facilitate the purchase on behalf of the Users. For this purpose, You agree that in the event You use the cash/pre-paid instrument provided by Quick for personal use, then Quick shall have the right to create lien on the amounts that are to be paid out to You by Quick up to such amount utilized by You. For Merchants who are registered on the Platform, You are not required to make any payments to the Merchant on behalf of the User. b. Delivery Partner Fees: For the provision of DP Services (except Bike Taxi Services/Bike Pool Services), You may charge a fee to the User, the amount of which is determined in accordance with the guidelines framed by Quick for Delivery Partners (“DP Fees”). Note, Quick frames the guidelines for the purposes of providing a uniform experience on the Platform to Users, Merchants and Delivery Partners. Please review carefully the DP Fees applicable to the DP Services You choose to provide before You do so. c. Fare Calculation for Bike Taxi Services. For the Bike Taxi Services provided by You to Users in specified Territories, You are entitled to charge a fare to the User for each instance of completed Bike Taxi Services provided to a User through the Platform (“Fare”). The Fare is calculated based upon a base fare amount (which shall be determined as per rate card/guidelines provided by Quick to the Delivery Partner) plus distance (as determined by Quick using location-­‐based services enabled through the Delivery Partner Device) and/or time amounts, for the applicable Territory and toll charges, if any (“Fare Calculation”). d. Changes to Fare Calculation. Quick reserves the right to change the Fare Calculation at any time based upon local market factors, and Quick will provide notice to the Delivery Partner in the event of such change that would result in a change in the recommended Fare. Continued use of the Quick Services after any such change in the Fare Calculation shall constitute Your consent to such change. e. Ride Cost. For the Bike Pool Services provided by You to Users in specified Territories, You are entitled to share the cost of Your ride with the User for each instance of completed Bike Pool Services provided to a User through the Platform (“Ride Cost”). The Ride Cost is calculated based upon the average cost arrived during travel of per kilometer of distance. The Ride Cost is determined by considering the maximum usability (in kilometers) of vehicle, cost of acquisition of vehicle, residual value of vehicle, maintenance cost, fuel & insurance cost etc. f. Fare / Ride Cost Adjustment. Any adjustment to Fare/Ride Cost for instances such as technical error in the Quick Services or force majeure events etc., shall be subject to uniform polices applicable from time to time. g. Cancellation Charges. You acknowledge and agree that Users may elect to cancel requests for DP Services that have been accepted by You at any time prior to the provision of DP Services. In the event that a User cancels an accepted request for DP Services, Quick may charge the User a cancellation fee on behalf of You. If charged, this cancellation fee shall be deemed Ride Cost/Fare/DP Fees for the cancelled DP Services and shall be remitted to You (“Cancellation Fee”). h. Taxes. You acknowledge and agree that You are required to: (i) complete all tax registration obligations (if any) and calculate and remit all tax liabilities related to the provision of DP Services as required by applicable law; and (ii) provide Quick with all relevant tax information. You further acknowledge and agree that You are responsible for paying taxes on Your own income arising from the performance of DP Services. Notwithstanding anything to the contrary in this Agreement, Quick may in its reasonable discretion based on applicable tax and regulatory considerations, collect and remit taxes resulting from Your provision of DP Services and/or provide any of the relevant tax information You have provided pursuant to the foregoing requirements in this Section directly to the applicable governmental tax authorities on Your behalf or otherwise. You further agree and acknowledge that Quick shall be entitled to deduct tax at source in accordance with applicable law, prior to making any payouts to You. 11. Access to Platform. a. Notwithstanding these Terms of Use, Quick reserves the right to temporarily or permanently, as it may deem fit, discontinue Your access to the Platform, Quick Services and/or de-list You from the Platform with immediate effect in the following instances: i. User complaints received by Quick which are directly attributable to You; or ii. Breach of the provisions of any applicable law; or iii. Breach of the representations and warranties under these Terms of Use; or iv. Any other breach of the Terms of Use, Quick’s Privacy Policy or any other terms, conditions, guidelines, processes or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to not comply, or are unable to, comply with the same); v. The provision of the Quick Services to You by Quick is, in the opinion of Quick, no longer commercially viable or in any way detrimental to Quick, its business or the Platform;vi. You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Quick has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. vii. Quick has elected to discontinue, with or without reason, Your access to the Platform, Quick Services or any part thereof. 12. Eligibility to Use You shall not have more than one active Account (as defined hereinafter) on the Platform. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party. 13. Third Party Content The Platform makes available general third-party information and other data from external sources (“Third Party Content”). The provision of Third-Party Content is for general informational purposes only. You acknowledge that the Third-Party Content provided to You is obtained from sources believed to be reliable. Quick does not provide any guarantee with respect to any the Third-Party Content and Quick shall not be held liable for any loss suffered by You based on Your reliance on or use of Third-Party Content. Further, to the extent that such Third-Party Content is infringing upon some other party’s intellectual property rights or proprietary rights, Quick shall not be held liable for the same at any instances. 14. Link to Third Parties The Platform may contain links to/features or content of other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, navigation partners or others) (“Third Party Offerings”). Quick shall not be responsible for examining or evaluating such third-party websites, and Quick does not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of such third-party websites. Quick does not assume any responsibility or liability for the actions, product, and content of any such third-party websites. Such Third Party Offering shall be subject to their terms of use and policies and before You use/access any such Third Party Offerings or third-party websites, You should review the applicable terms of use and policies for such third-party websites including but not limited to the terms and privacy policy of Google Maps available at https://maps.google.com/help/terms_maps.html and https://www.google.com/policies/privacy/.  If You decide to access any such linked feature or Third Party Offering or third-party website, You do so at Your own risk. However, nothing contained here shall restrict Our ability to take appropriate action against You, if it is brought to Our notice by such party that Your access or use of such Third Party Offering or third-party websites through the Platform is not in compliance with their applicable terms. 15. Term and Termination a. These Terms of Use will continue to apply until terminated by either You or Quick as set forth below (“Term”). These Terms shall continue to apply so long as You continue to access the Platform. b. If You want to terminate these Terms, You can do so by (i) notifying Quick to close Your Account; and (ii) not accessing the Platform. Such termination shall take effect after 15 days of receipt of the above notice and Quick shall delist the Delivery Partner at the end of the 15th Day. c. Upon termination of Your Account, the DP ID allotted to You, and / or any other content or materials related to You shall be deleted. Quick may however retain Your transaction history on the Platform or in Your Account and any other Delivery Partner records, for legal purposes without any obligation to provide you with the data. d. The termination of Your Account shall not relieve You of any liability that You may have incurred or may incur in relation to use of Quick Services or the Platform prior to such termination. Further, Quick shall not be liable to You or any third party for any termination of Your Account, or Your access to the Platform and Quick Services. 16. Violation of the Terms of Use a. You also agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Quick, for which monetary damages would be inadequate, and You consent to Quick obtaining any injunctive or equitable relief that Quick may deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that Quick may have at law or in equity. b. If Quick does take any legal action against You as a result of Your violation of these Terms of Use, Quick will be entitled to recover from You, and You agree to pay all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Quick. 17. Relationship of the Parties Except as otherwise expressly provided herein to the relationship between Quick and Delivery Partner is solely that of independent contractors. The parties expressly agree that: (i) these Terms of Use do not create any relationship of employment with Quick nor does it impose any employer obligations on Quick (inter alia including obligations under labor laws and tax laws); and (ii) no joint venture, partnership, or principal-agent relationship exists between Quick and Delivery Partner(s). However, for the limited sole purpose of collection of DP Fees, Ride Cost, Fare etc., Quick may be engaging with third parties’ services on behalf of Delivery Partner, for collecting payments from Users on behalf of the Delivery Partner. 18. Miscellaneous Terms a. Modification. Quick reserves the right to modify these Terms of Use, effective upon publishing an updated version on the Platform. Quick shall not be required to notify You of any changes made to the Terms of Use. You are requested to regularly visit the homepage to view the most current Terms of Use. You can determine when Quick last modified the Terms of Use by referring to the “Last Updated” legend above. It shall be Your responsibility to check these Terms of Use periodically for changes. Quick may require You to provide Your consent to the updated Terms of Use in a specified manner prior to any further use of the Platform. If no such separate consent is sought, Your continued use of the Quick Services, or the Platform will constitute Your acceptance of those changes. b. Supplemental Terms. Supplemental terms may apply to Your use of the Platform or the Quick Services, such as use policies or terms related to certain features and functionality and/or zero tolerance/shipping policies, which may be modified by Quick from time to time (“Supplemental Terms”). You may be presented with certain Supplemental Terms from time to time. Supplemental Terms are in addition to, and shall be deemed a part of, these Term of Use. Supplemental Terms shall prevail over these Terms of Use in the event of a conflict. c. Severability. If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of this Terms of Use but the legality, validity and enforceability of the remainder of this Agree shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable (part of the) provision with a (part of a) provision that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable (part of the) provision, given the contents and purpose of these Terms of Use. d. Assignment. You shall not assign or transfer these Terms of Use or any of its rights or obligations hereunder, in whole or in part, without the prior written consent of Quick. Quick may assign or transfer any or all of its rights or obligations hereunder, in whole or in part, under these Terms from time to time without consent e. Notices. Any notice delivered by Quick to You under these Terms of Use will be delivered by email to the email address associated with Your Account or by posting the same on the Platform. Any notice delivered by You to Quick under these Terms of Use will be delivered by contacting Quick on legal@hiquick.in and/or its support representatives. f. Governing Law; Arbitration. These Terms of Use shall be governed exclusively by laws of India and the Parties expressly submit to the exclusive jurisdiction of the courts of Bangalore. In the event of any dispute, claim or controversy arising under, or in relation to, this Terms of Use (“Dispute”), such Dispute shall be resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The Dispute shall be settled by a sole arbitrator, solely appointed by Quick pursuant to the provisions of the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be Guwahati, India and the arbitration proceedings shall be governed by the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time. All arbitration proceedings shall be conducted in English. The arbitration award shall be final and binding on the Parties and shall be enforceable in any competent court of law, and the Parties agree to be bound thereby and to act accordingly.