Terms of Use
Last updated on 26th June 2020

Thank you for visiting our website, https://pidge.in and for downloading our mobile application Pidge (“Application”). The Website, Application or any other computer Platform is operated under the brand-name ‘Pidge’ and are hereinafter collectively referred to as the “Platforms”. This page (read in conjunction with our Privacy Policy details the terms and conditions on which R-Indventures Private Limited and its affiliates (“Pidge”, “We”, “Us”, “Our”) provide their services (“Services”) on the Platforms (“Terms”).

These Terms become effective on any person accessing or using any of the Platforms or availing the Services offered by Pidge (“User”). For the purposes of these Terms, the term (“you”) refers to the User, or visitor of the Platforms.

Unless there exists a specific Service/Subscription Agreement (“Agreement”) to the contrary, the contents of these Terms of Use shall not be superseded by any oral or written commitment. However the terms of an Agreement entered between Pidge and any Business Owner may provide additional details and specifications with respect to Pidge’s Services, which are in addition to and not derogation of these Terms. All orders placed under a separate specific Agreement by a business shall be governed by these Terms as well as the terms provided in the separate Agreement even if Pidge services are not being provided through any of its Platforms.

Acceptance of the Terms

Before accessing any of the Platforms, we request you to learn more about us and the Services by visiting the FAQ section. These Terms constitute a legally binding and enforceable agreement between you and Pidge and your use of the Platforms signifies your irrevocable and unconditional acceptance of the Terms.

Registration and Account Information

In order to access the Platform, you need to register on the Platform and open an account by completing the registration process which will also include a verification process. Each registration is for a single individual user only.

By registering your phone number with us, you consent to be contacted by us via phone calls, SMS notifications or instant messages, in case of any subscription or service updates. Further, if at any time you wish to stop receiving communications from us, please contact us at support@pidge.in.

You shall not disclose your password or account information to any person. You shall notify Pidge immediately of any unauthorized use of your account or any other breach of security. Pidge will not be liable for any unauthorised use of your account and for any loss that you may incur as a result of such unauthorised use. However, you shall continue to be liable to indemnify Pidge for any losses incurred by it either directly or indirectly as a result of the unauthorised use of your account.

Services

The Services constitute a technology platform/mobile based software application through which the User can avail pick-up and delivery service for goods that the User wishes to transport (“Goods”) from a predetermined pick-up point (“Pick-up Point”) to a predetermined drop-off point (“Drop Point”) to the person as identified by the User. The User may choose to be the person sending the Goods or could identify such other person who will be the sender of the Goods (“Sender”) or be the recipient of such Goods or could identify such other person who will be the recipient of the Goods (“Recipient”), as the case may be.

Pidge will assign a delivery person for providing these Services to you (“Rider”). The Rider will collect the Goods from the Sender at the Pick-up Point and deliver them to the Recipient at the Drop Point. In case either of the Pick-up Point or the Drop Point is beyond the radius of operation of Pidge, the User will be notified of Pidge’s inability to provide the Services prior to placing any request for delivery.

The Rider may, while collecting the Goods from the Sender at the Pick-up Point, hand over a tamper-proof bag to the Sender. The Sender shall, and the User shall cause the Sender to, pack and appropriately seal the Goods in the tamper-proof bag provided by the Rider. Pidge will not be responsible for the loss or damage of Goods which were damaged, broken, or not fit for transport before the Goods were handed over to the Rider. Pidge does not conduct any checks on the Goods, and it is the User’s responsibility to ensure that the Goods are packed properly before sealing the Goods in the tamper-proof bag or otherwise. In case due to any circumstance the Rider seals or handles the tamper proof bag on the instruction of the User/Sender or otherwise, the same shall not make the Rider liable for any damage to the contents of the tamper proof bag or the delivery item.

Upon initiation of service via placement of order on any of the Platforms of Pidge, a unique One Time Password (“OTP”) is created and communicated to both the Sender and the Recipient. Thereafter, once the Goods are handed over by the Sender to the Rider, the Rider will scan the barcode on the bag signifying the pick up of the order. Subsequently, the Rider, upon reaching the location of the Recipient, will scan the barcode on the tamper-proof bag again signifying its delivery to the Recipient. Pidge will neither pick up the delivery items from the sender nor deliver the Goods to the Recipient unless the OTP provided by the Sender/Recipient respectively matches with the scanned package before the order is picked up from the Sender or delivery is made to the Recipient.

Pidge may bypass either/both OTP on the User’s request or an Agreement to the contrary, but will not be liable for any defect/damage/destruction to/of the delivery item(s).

Pidge may at its sole discretion refuse to pick up or deliver goods on any account at any time.

We do not detain any delivery without any valid reason and ensure our best to deliver untampered bags within the promised timeframe, however we shall not be liable for a tampered bag or delayed delivery or non-delivery if a force majeure event occurs, or if the User is in breach of these Terms or if the OTP provided by the Recipient does not match. If the Recipient for whatever reasons is unavailable to collect the Goods, or if a valid OTP is not entered at the time of delivery, we will return the Goods to the Sender or the User, towards which the User shall have to pay such additional fee as may be applicable.

Pidge shall provide updates on the status of delivery via SMS/Whatsapp/Email/Application Notification. Additionally the Recipient/Sender may be able to track the movement of your Goods through the live-tracking facility available on the Application or otherwise through services provided to Pidge by third-parties. Though live-tracking may be reliable, it is also prone to inaccuracies due to network issues. Pidge does not give any assurance with respect to the accuracy of the live-tracking system available on the Application.

It is also pointed out that Pidge does not store delivery items from pickup to delivery location at any point, however, it reserves the right to pick up multiple items along the way, consequently storing items transiently, or transferring items across riders at its sole discretion which shall be considered as a part of the Service and agreeing to these Terms shall explicitly give Pidge the right to transiently store delivery items as well as transfer delivery items across rider without inducting any additional liability.

By giving us the Goods in the tamper-proof bag or otherwise, you hereby appoint us as your agent, and as agent solely for the delivery of the Goods to the Recipient. In some instances, local authorities may require additional documentation confirming our appointment. You hereby agree that your confirmation and agreement to these Terms are the confirmation of our appointment as your agent for the limited purpose as set forth above.

Payment

Subject to a written Service/ Subscription Agreement to the Contrary, Pidge offers a standard price for its Services which is currently calculated on the basis of distance between the pick up and delivery location, time taken by the Rider for delivery, size of the delivery item and any additional and ancillary costs that may have been incurred by Pidge for fulfilling its order. Our fees for the Services shall be charged on a per transaction basis, where prior to processing your request we will inform you about the fee payable. You will be required to pay upfront for the Services through integrated payment platforms connected to the Platform. In case any payments are due and payable by you after the completion of Services, for any reason whatsoever, you will be required to clear the payment towards such fee before you place another request for our Services. Coupon and promotion terms & conditions are at the discretion of the company and subject to change without prior intimation.

In the event of any change in specifications/details of delivery with respect to the size of the delivery item, change in delivery location, change in pick up location or unusual wait time during pick up or delivery, Pidge may levy an additional fee which shall be added to the subsequent invoice of the User.

We do not issue any physical copies of the invoices for rendering our Services; however, you will always be able to view the e-copy of your invoices on your Application and upon your request on the Application, a copy of the invoice will be delivered to your registered e-mail address after successful completion of our Services.

Representations and Warranties

You hereby represent and warrant to Pidge that:

• You are over eighteen (18) years of age and are capable of entering, performing and adhering to these Terms. In case a User under the age of eighteen (18) years accesses the Platforms and/or uses our Services we assume such use is under parental/legal guardian’s guidance;
• All the information provided by you to Pidge is true and correct;
• You will not use the Platforms for any purpose that is unlawful or prohibited by these Terms;
• You will not transport through Pidge any package which contains illegal, prohibited or restricted goods under applicable laws of India, including but not limited to the goods set out in Annexure-A below (“Restricted Goods”);
• The Goods will be packed in the tamper-proof bag in secure premises either by you or Sender or by any reliable persons authorized by you or Sender and protected against unauthorized interference during packing and handing over to the Rider;
• You will not use the Platforms in any manner that could damage, disable, overburden, or impair the Platforms, or adversely affect the reputation of Pidge; and
• In case any package being transported by you contains tobacco or tobacco-related products, you shall ensure that the recipient/intended user of the package is not a minor and that the delivery location of such package is not within 100 yards of an educational institution.

User Conduct and Rules
You agree and undertake to use the Platforms only to post and upload information and material that is proper. By way of example, and not as a limitation, you agree and undertake that while using our Services or accessing our Platforms, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including but not limited to the Riders;
• Post, upload, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
• Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platforms;
• Violate any code of conduct or other guidelines, which may be applicable for or to the Services;
• Violate any applicable laws or regulations for the time being in force in India; and
• Violate, abuse, unethically manipulate or exploit, any of the Terms.

Prohibited and Restricted Goods

Pidge does not deliver goods which are illegal, prohibited or restricted under applicable laws of India, including but not limited to the Restricted Goods. Users shall not, shall ensure that the Sender does not, send any Goods which are illegal, prohibited or restricted including but not limited to the Restricted Goods. The User further agrees and understands that any false or misleading statements in this relation may result in penalty action by Pidge and under applicable law.

Force Majeure

Pidge shall have no liability to you whatsoever for any interruption or delay in its Services, or to access the Platforms if such interruption, delay, or inability is caused by a force majeure event. A “force majeure event” means any event or circumstance beyond the reasonable control of Pidge including but not limited to an act of God, fire, explosion, flood, epidemic, power failure, governmental actions including acts of governmental officials or police authorities, failure of third parties to provide services on which the business of Pidge is dependent, war or threat of war, acts of terrorism, national emergency, riot, civil disturbance, sabotage, labour disputes, strikes, change in law or policies, court orders, cyber threats and cyber-attacks including those resulting from malware, trojans, ransomware, data breach, hacking, or malicious damage to the Platforms.

Termination or Suspension of Account or Services

You agree that Pidge may at any time and for any reason, terminate your access to the Platforms, or restrict or suspend your access to all or any part of the Website or the Application at any time, for any or no reason, with or without prior notice, and without liability. Pidge reserves the right to cancel your rights to access the Platforms, if it believes that you are using any of the Platforms in breach of these Terms.

Additional Charges, Cancellation and Refunds

We will proceed with the execution of your delivery task upon your having successfully placed a request. Should you thereafter wish to modify the delivery task, you may incur additional charges for such modification. Such additional charge shall be calculated on the basis of the change in the distance, time taken to complete such task or the size of the delivery package. In case you request to cancel the task, you may incur a part of or the entire fee depending on the time and effort put in by Pidge towards the Service. We may not be able to process any requests for cancellation after the Goods have been picked up from the Pick-Up Point. In such an event, Pidge will return the Goods to the Pick-Up Point, towards which the entire fee chargeable for the original scheduled delivery of Goods along with the inconvenience fee towards the reverse delivery to the Pick-Up Point will become payable.

We will attempt the delivery of the Goods to the Drop Point, and if such delivery is unsuccessful on the first attempt, the Goods will be returned to the Pick-Up Point, in which case the charges as mentioned in the paragraph above will become applicable. If we are unable to return the Goods to the Pick-Up Point due to unavailability of the Sender, and if the Recipient or the Sender fails to take delivery of the Goods within a period of 15 (fifteen) days, such Goods will be deemed as unclaimed, and we have the right to sell such Goods without any further notice to the User, Recipient or the Sender. We will retain a sum equal to the unpaid fee towards the delivery, charges for storage of Goods, and any inconvenience fee as may be applicable, in the event we proceed to sell the Goods after such period of 15 (fifteen) days.

We may need to cancel your request in any of the circumstances below:

1. in the event of the Pick-Up Point or Drop Point following outside the service zone offered by us;
2. if in our discretion the Goods violate applicable laws, standards and/or regulations or may offend taste and decency in the relevant jurisdiction;
3. inability to proceed/complete the task due to lack of information, direction or authorization from you;
4. if Pidge Rider has to wait for over 15 minutes for you or your Sender and/or Receiver to complete the pickup or drop for any reason including the Rider’s inability to contact you or your Sender and/or Receiver; or
5. inability to complete the task due to reasons beyond our control such as force majeure events.

Providing refunds in the aforesaid circumstances is the sole discretion of Pidge, and such refunds may be provided only when the fee has been paid by the User in advance i.e. amount paid. Our decision on refunds shall be final and binding. All refunds shall be processed and credited to your account in accordance with the terms that may be stipulated by the partner payment merchant and/or associated bank.

Security Components

You understand that our Platforms and software embodied within the Platforms may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Pidge and/or content providers who provide content to Pidge. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded in our Platforms.

Proprietary Rights

All materials on our Platforms, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Pidge. You acknowledge and agree that all content on our Platforms is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in our Platforms, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Pidge’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material.

Links to Third Parties

Our Platform may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, payment partners, etc.). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their websites. Pidge does not assume any responsibility or liability for the actions, product, and content of any such third-party websites. Before you use any third-party websites, you should review the applicable terms of use and policies for such third-party websites. If you decide to access any such linked third-party website, you do so at your own risk. Pidge disclaims all responsibility and liability as regards the services, conduct or actions of such third party.

Intellectual Property Rights

The Services provided by Pidge are premised on a proprietary software developed and made available exclusively by Pidge. Pidge is the sole owner of the Platforms and all software created to provide you with the Services. Pidge provides you with a single limited license to download, use and access the Platforms on your devices for the limited purpose of using the Services. The license is specifically personal, non-transferable, non-licensable and non-exclusive. All content on the Platforms, including but not limited to, designs, text, graphics, images, video, information, logos, button icons, software, audio files and any other content (“Content”) are the exclusive and sole property of Pidge. You may not copy, reproduce or use such Content without due attribution of ownership to Pidge. All icons and logos are trademarks of and proprietary to Pidge. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

All Content is the exclusive copyright of Pidge or its licensors, except third party content and link to third party website. Use of the Content for any purpose not expressly permitted by Pidge in these Terms is prohibited and may invite legal action.

Indemnity

The User and/or the User’s designated Sender and/or the User’s designated Recipient agrees to defend, indemnify and hold harmless Pidge, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all direct and indirect claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees and costs) arising from:

1. 1. • Your use of and access to Platforms in a manner except as permitted herein;
      • Your, or the Sender’s, or the Recipient’s violation of any of these Terms or any applicable law;
      • Your breach of the representations and warranties set out in these Terms;
      • Your violation of any third-party right, including without limitation any copyright, property, or privacy right;
      • Any and all claims of third parties relating to, arising out of or resulting from, the User’s conduct or negligence; or
      • Your, or the Sender’s, or Recipient’s conduct which causes harm to the Rider or is prejudicial to the reputation or goodwill of Pidge.

This indemnification obligation will survive the termination of your account or use of Services and the Platforms.

Disclaimer of Warranties

Pidge shall not be liable for any, direct, indirect, punitive, incidental, special, consequential, damages (including, without limitation, damages for loss of business projects, damage to your computer system, loss of profits, loss of data arising out of the use of the Platforms, delay or inability to use the Platforms, failure to provide the Services, or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the Platforms, shutting down of the whole or part of the Services that might result in any loss of information, non-retrieval or loss of data, or arising out of the inability to use any Services.

Limitation of Liability

If a tampered bag is delivered to you: (a) without the occurrence of a force majeure event; (b) without you having breached the provisions set out in these Terms, you will be eligible for damages in accordance with these Terms; and (c) with non interference by police/local authorities

Our liability in respect of any Goods transported through us is limited to the lower of: (i) the current market value or declared value of the Goods or (ii) ten (10) times the value of the fee paid by you (the value of the fee for the purposes of this section only shall be net of discount and exclusive of any taxes paid by you). Our liability is strictly limited to direct loss and damage to the tamper-proof bag only and all other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to our attention.

Pidge provides a pickup guarantee of reaching the pickup geographic location less than 60 (sixty) minutes from the placement of the Order, subject to the operating conditions (usually announced at the time of accepting a request for a task), and other conditions specified in these Terms. The Pidge Guarantee is not applicable if any modification is made to the order including but not limited to a change in size or change in pickup or delivery location(s). If the pickup is delayed, Pidge may provide a partial credit to the user’s account proportionate to the delay, ranging between 10 (ten) and 30 (thirty) percent of the paid value net of discounts and other deductions. We deserve the right to withdraw or temporarily suspend the pickup guarantee without any prior intimation to the User including but not limited to days declared as public holidays, new year’s eve, national or regional festivals, etc. in view of difficult operating conditions for pickup and/or delivery. We will make every reasonable effort to pick up and/or deliver the Goods according to our regular pickup and/or delivery schedules, but these schedules are not binding and do not form part of these Terms. Pidge is not liable for any damages or loss caused by any delay, or disruption of any third-party services which are used by us for the performance of the Services. Pidge is also not liable for any delay or delivery of a tampered bag of Goods which delay or tampering is caused due to actions of governmental authorities.

All claims must be submitted in writing to Pidge within seven (7) days from the date that Pidge accepted your request for delivery of Goods, failing which Pidge shall have no liability whatsoever. Claims are limited to one claim per bag of Goods, settlement of which will be full and final settlement for all loss or damage in connection therewith. The User will have the option to receive the amount towards such settlement in their Pidge account or as a credit into their bank account.

Modification and Discontinuation

Pidge reserves the right to modify, amend or waive any of the provisions of these Terms, from time to time entirely at its own discretion. The User explicitly agrees to the modified and updated Terms of Use on placing of a new order or on downloading the latest updates of the Application. You additionally agree and understand that you are responsible for checking these Terms periodically to remain in compliance with these Terms. Your use of the Platforms after any amendment to the Terms shall constitute your acceptance of such amended Terms.

The User may discontinue the use of the Website and the Application at any time, and delete his account by writing to Pidge at support@pidge.in. The User agrees and confirms that such deletion of his account will not come into effect till the time all the outstanding liabilities of the User have been cleared. Upon deletion of the User’s account, we may retain certain information and records of transactions as per our Privacy Policy.

Assignment

The User shall not have the right to assign these Terms or any rights or obligations hereunder. However, Pidge may, at its sole discretion, assign any of its rights under these Terms to any person without restriction.

Entire Agreement

These Terms along with the Privacy Policy shall constitute the final, complete and exclusive statement of the agreement between Pidge and the User with respect to the use of the Website and the Application.

Waiver and Severability

The failure of Pidge to exercise any right as per these Terms shall not constitute a waiver of such right. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. No waiver of any breach of these Terms shall waive any other breach, and no waiver shall be effective unless made in writing.

If any provision of these Terms is held invalid by any court or tribunal in a final decision from which no appeal is or can be taken, such provision shall be deemed modified to eliminate the invalid element and, as so modified, such provision shall be deemed a part of these Terms. The remaining provisions of these Terms shall not be affected by such modification.

The rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.

Governing Law and Venue

These Terms shall be governed by the laws of India. The courts at New Delhi shall have exclusive jurisdiction over any disputes arising under these Terms.

Grievance Officer

Any complaints, abuse or concerns with regards to content and or comment or breach of these Terms shall be immediately informed to the designated Grievance Officer as mentioned below in writing or through e-mail. Pidge shall not be responsible for any communication, if addressed, to any non-designated person in this regard.

Mr. Tushin Joshi,
Grievance Officer https://pidge.in R-Indventures Private Limited,
409, Good Earth Business Bay, Gurugram, Haryana – 122102 Phone : 9821088236
Email : grievanceofficer@pidge.in

Annexure – A

List of Restricted Goods

1. 1. • Goods of perishable nature, or such goods which require specific controlled-temperature;
      • Alcohol or intoxicating substances of any type including chemical or herbal unless legalized by the state in which pick up and delivery take place;
      • Antiquities and art treasures in violation of applicable law;
      • Any animal or bird species or any product containing a part of such animal or bird species including but not limited to furs, feathers, horns, skin, antlers;
      • Endangered plant varieties;
      • Gold and silver metals, other than items hallmarked as per standards set by the Bureau of Indian Standards;
      • Uniforms and badges of any defense personnel or police authorities;
      • Hazardous chemicals including pesticides, oxidizing substances, organic peroxides, radioactive substance or any object containing any of these;
      • Illegal drugs, narcotics or psychotropic substances whether allopathic, ayurvedic or herbal;
      • Adult goods, sexually suggestive material and pornographic material (including literature, imagery and other media);
      • Currency (Indian or foreign), counterfeit or fake notes or coins;
      • Gases of any type including inflammable, compressed, liquefied, dissolved under pressure or deeply refrigerated, or inflammable or combustible liquids or solids;
      • Hazardous goods, weapons (including chemical weapons), and ammunition of any sort; or
      • Items infringing or attempting to pass off any third parties’ intellectual property.

1. 1.