Terms and Conditions

User Terms

These terms of use ("Terms of Use") mandate the terms on which users or visitors (the “Users”) accessing the platform www.carrygoods.in and any corresponding websites or mobile applications (the “Platform”), owned and operated by Tragen Delivery & Logistics LLP also known as (“Carry Goods”).

The Platform may be used by Users to avail Carry Goods Services (defined below), through either merchant registered with the Platform (“Tied-up Merchants”), or merchants not registered with the Platform (“Non-tied up Merchants”; both Tied-up Merchants and Non-tied up Merchants shall hereinafter collectively be referred to as “Merchants”, wherever the context so requires or permits) and delivery partners (“Delivery Partners”).

Users are requested to carefully read the Terms of Use before using the Platform or registering on the Platform or accessing any material or information through the Platform. Through the continued use of the Platform, or accepting these Terms of Use at the time of creating an Account, Users accept these Terms of Use and agree to be legally bound by the same.

Use of and access to the Platform is offered to Users upon the condition of acceptance of all the terms, conditions and notices contained in these Terms of Use and Privacy Policy, along with any amendments made by Carry Goods at its sole discretion and posted on the Platform from time to time and subject to the above, Carry Goods grants Users a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform and the Carry Goods Services.

*NOTE: Any Dispute relating to use of this application shall be decided within the complete jurisdiction of Kamrup (Metro), Assam.

 

1. Eligibility:

• a. The Platform, and by extension, the Carry Goods Services, are not available to minors i.e. persons under the age of 18 (eighteen) years or to any Users suspended or removed by Carry Goods from accessing the Platform for any reason whatsoever. Users represent that they are of legal age to form a binding contract and are not a person barred from receiving, using, availing or accessing the Platform, and by extension, the Carry Goods Services under applicable law.
• b. Carry Goods reserves the right to refuse access to the Platform, at any time to new Users or to terminate or suspend access granted to existing Users at any time without any reasons for doing so.
• c. Users shall not have more than 1 (one) active Account (as defined below) on the Platform. Additionally, Users are prohibited from selling, trading, or otherwise transferring their Account to another party or impersonating any other person for the purpose of creating an Account with the Platform.

 

2. Registration:

• a. Subject to the acceptance of all the terms, conditions and notices contained in these Terms of Use and Privacy Policy, along with any amendments made by Carry Goods at its sole discretion and posted on the Platform from time to time and subject to the Users’ registration on the Platform through the creation of an Account (as defined below), Users are granted a personal, non-exclusive, non-transferrable, and limited right to access the Platform, avail the Carry Goods Services and connect with Merchants and Delivery Partners on the Platform. A User’s ability to continue using the Platform and Carry Goods Services is subject to their continued maintenance of an Account on the Platform.
• b. In order to use the Platform and avail the Carry Goods Services, Users will have to register on the Platform and create an account with a unique user identity and password (“Account”). Users will be required to enter their personal information including their name, contact details, email address and valid phone number while registering an Account. As part of the registration, Users may be required to undertake a verification process to verify the information provided.
• c. Users agree and accept that the information provided by the User for the creation of their Account is complete, true, accurate and up-to-date. In the event of any change to such information, Users are required to immediately update their Account information. Users acknowledge and accept that Carry Goods has not independently verified the information and Carry Goods shall in no way be responsible or liable for the accuracy or completeness of any information provided by Users. If Users provide any information that is untrue, inaccurate, not current or incomplete, or Carry Goods has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Carry Goods reserves the right to suspend or terminate the respective User Account and refuse any and all current or future use of the Platform (or any portion thereof) through such User Account, at any time.
• d. Users are responsible for maintaining the confidentiality of the Account information, and are fully responsible for all activities that occur through their Account. Users agree to (i) immediately notify Carry Goods of any unauthorized use of their Account, related information or any other breach of security, and (ii) ensure that they exit from their Account at the end of each session. Carry Goods cannot and will not be liable for any loss or damage arising from User failure to comply with this provision. Users may be held liable for losses incurred by Carry Goods or any other User of or visitor to the Platform due to authorized or unauthorized use of their Account as a result of User failure in keeping their Account information secure and confidential. Use of another User’s Account information is expressly prohibited.
• e. Carry Goods shall use User location-based information that is captured by Carry Goods through the global positioning system when they use their mobile device or computer to request a Carry Goods Service on the Platform. Such location based information shall be used by Carry Goods only to facilitate and improve the Carry Goods Services being offered to Users.
• f. In the case where the Platform is unable to establish a unique identity of the User against a valid mobile number or e-mail address, the Account shall be indefinitely suspended. Carry Goods reserves the full discretion to suspend a User's Account in the above event and does not have the obligation/liability to share any Account information whatsoever.

 

3. Carry Goods Services:

• a. The Platform provides Users with the following services (collectively, the “Carry Goods Services”):
  1.  It facilitates Users to purchase products from Non-tied up Merchants and get the same delivered through the Delivery Partners (“Delivery Services”);
  2. It facilitates Users to have packages picked up- and dropped off from 1 (one) location to the other through Delivery Partners (“Package Delivery Services”);
• b. Carry Goods may, at its absolute sole discretion, add, modify, upgrade, extend or withdraw any of the Carry Goods Services listed above from time to time, and at its sole discretion. Carry Goods does not provide any guarantee that the Carry Goods Services will be made available to Users at all times.
• c. Users hereby agree and acknowledge that Carry Goods is only a marketplace, and as such, only acts as a facilitator between Users, Merchants and/or Delivery Partners (as the case maybe) in order to initiate transactions with said merchants and/or Delivery Partners. Users hereby agree and acknowledge that Carry Goods is not a party to any of the transactions that are initiated between Users, Merchants and/or Delivery Partners through the Platform and Carry Goods shall not be liable in any manner or incur any liability with respect to the Items/services/products offered and/or performed by the Merchants or the Delivery Partners, as the case may be. Further, Users hereby agree and acknowledge that Carry Goods shall not be liable for the conduct, acts and/or omissions of the Merchants (including their employees and consultants) and Delivery Partners in the course of providing their Items/services/products to Users, or for any loss or damage to Users as a consequence of or in relation to the Items/services/products being provided by the Merchants and/or the Delivery Partners, as the case may be.
• d. Users hereby acknowledge that Carry Goods shall not be liable for any damages of any kind arising from their use of the Carry Goods Services, including, but not limited to direct, indirect, incidental, punitive, special, exemplary or consequential damages.
• e. When required by Carry Goods or under applicable law, Users agree to provide as much information as possible on the Platform with respect to the Items or Carry Goods Services sought to be purchased or avail on the Platform. Carry Goods shall be entitled at any time without giving any reason, to terminate User requests for any Carry Goods Service, provided however that Carry Goods shall make best efforts where prudent to inform Users regarding such cancellations and the reasons for the same.
• f. Users hereby agree that Carry Goods shall not be liable for any conduct or misbehavior or actions of Delivery Partner with respect to any transactions initiated on the Platform. Further, Users agree that Carry Goods has no control over the Items provided by the Merchants and therefore, Carry Goods shall not incur any liability with respect to such Items.
• g. The Products/services displayed on the Platform are dependent on the availability of Merchants and Delivery Partners at the time of the transaction.
• h. Carry Goods will not perform any Carry Goods Services that may result in any act that is immoral/unethical/unlawful/banned either under applicable law, Carry Goods’s Policies (defined below) or at the sole discretion of Carry Goods. Carry Goods may also refuse to perform any task on the grounds that such task is prohibited under any contract to which Carry Goods is a party.
• i. Users understand and acknowledge that Carry Goods by itself does not sell or provide any Items. Carry Goods is not responsible for the quality, merchantability or fitness of the Items. Accordingly, in the event of any grievances arising from the transaction initiated by Users on the Platform pertaining to purchase or sale of any product from any Merchant, Users may contact Carry Goods support for routing your grievances to the Merchant through the Platform.
• j. Users shall intimate any complaints with respect to any Carry Goods Services within 24 (twenty four) hours of using such Carry Goods Services.
• k. Carry Goods Services cannot be initiated for item(s) which are illegal, hazardous, dangerous, or otherwise restricted or constitute items which are prohibited by any statute or law or regulation. 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, securities (including stocks and bonds, share certificates and blank signed share transfer forms), coupons, stamps, negotiable instruments in bearer form, cashier's cheques, travellers’ cheques, money orders, passports, credit/debit/ATM cards, antiques, works of art, lottery tickets and gambling devices, livestock, fish, insects, animals, plants and plant material, human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens, hazardous or bio-medical waste, wet ice, pornographic materials, contraband, bottled alcoholic beverages (except as specifically provided) or any intoxicant or narcotics and psychotropic substances.

 

4. Payment Terms

• a. Users are required to make payments directly to Carrygoods for the products purchased in connection with the Carry Goods Services. Carrygoods will then settle these payments with the respective Merchants within 7 days.
• b. Users shall pay such amount directly to the Merchant indicated on the bill/invoice of the product purchased with respect to the Carry Goods Services availed for any store in the city only. Users may be charged a separate delivery fee (“Service Fees”). The Service Fees shall be paid prior or after availing any of the respective Carry Goods Services.
• c. Users agree that Carry Goods may use certain third-party vendors and service providers, including payment gateways, to process the payments made by Users on the Platform.
• d Users may pay for the respective Carry Goods Services through ‘Cash on Delivery’ which only will be the delivery fee. Users understand and acknowledge that Delivery Partners may not have exact change during the time of payment, and as such, it shall be the Users responsibility to ensure that they provide the exact amount for the Carry Goods Services as indicated on the Platform.

5. User Generated Content

• a. Users agree that: (i) after completion of a transaction on the Platform, the Platform will prompt the User with an option to provide a rating and/or comments about the Delivery Partner (with respect to the services performed by the Delivery Partner) and Merchants (with respect to the Items sold/provided by them) (the “User Content”); and (ii) the Delivery Partner and the Tied-Up Merchants may also be prompted to rate the User on the Platform. Based upon such Delivery Partner and Merchant ratings, User rating scores on the Platform will be determined and displayed.
• b. Carry Goods and its affiliates reserve the right to use, share and display User Content in any manner in connection with the business of Carry Goods and its affiliates, including on the Platform, without attribution to or approval of Users and Users hereby consent to the same. Carry Goods and its affiliates reserve the right to edit or remove User Content in the event that such User Content include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws or Carry Goods Policies or its affiliates’ content policies.

6. Seller Agreement

This Online Partnership Agreement ("Agreement") is made for the purpose of carrying out business related to online delivery, courier, and logistics via the online application named CARRY GOODS.

• The First Party shall pay weekly or within a period of 7 days through Bank transfer for the goods ordered/purchased by the customers through the First Party mobile application, which were picked up from the store of the Second Party.
• The Second Party, after execution of this agreement, must provide the First Party with a list of the goods in quantity being stocked in the Second Party’s store. The First Party will enlist these goods in their mobile application for their customers.
• The First Party shall maintain confidentiality regarding the product list supplied by the Second Party and shall not disclose it to any third party.
• The Second Party shall provide/upload their respective licenses through which the business of the concerned store has been carried out in the portal of the First Party.
• The goods supplied by the Second Party to the First Party must be fresh, undamaged, within the manufacturing period, and not past their expiry date.
• The First Party shall not take orders through their application for illegal products or alcoholic beverages and shall adhere to Government rules and regulations.
• The First Party shall not charge any commission from the Second Party for a period of at least 2 months from the commencement of their business relationship.
• This agreement is valid for two months from the date of execution. A fresh agreement may be executed after this period with new terms and conditions.

 

7. Shipping Policy

• Our delivery times vary depending on the delivery method selected and the destination. We make every effort to ensure your package arrives within the estimated delivery time. We guarantee same day delivery for your order. However, we cannot be held responsible for delivery delays caused by factors beyond our control, such as weather conditions, natural disasters, or carrier delays.

8. Cancellation and Refund

• a. Carry Goods shall confirm and initiate the execution of the transaction initiated by Users upon receiving confirmation from Users for the same. If Users wish to cancel a transaction on the Platform, they shall select the cancel option on the Platform. It is to be noted that Users may have to pay a cancellation fee for transactions initiated on the Platform for which work has already been commenced by the Delivery Partner or the Merchant, as the case may be. With respect to work commenced by Merchants the cancellation fee will be charged to such Users which will be in accordance with the cancellation and refund policies of such Merchants. Your refund will be credited within 7 days upon order cancellation.
• b. Carry Goods may cancel transactions initiated by Users on the Platform, on the instructions of the Merchants/Delivery Partners, if :
  • The designated address provided by Users is outside the service zone of the Merchant/Delivery Partner.
  • There is no User response via phone or any other communication channel at the time of confirmation of the order booking.
  • The transaction involves supply/delivery/purchase of any material good that is illegal, offensive or violative of the Terms of Use.
  • The User is not physically present or is unreachable once the Delivery Partner reaches the designated delivery location, for a period in excess of fifteen (15) minutes.
  • Information, instructions and authorisations provided by Users are not complete or sufficient to execute the transaction.
  • If any Merchant’s outlet is closed.
  • If a Delivery Partner is not available to perform the services.
  • If any Item or product is not in stock with the Merchant.
  • If the transaction cannot be completed for reasons not in control of Carry Goods.
• c. Users shall only be able to claim refunds for transactions initiated if they have already pre-paid the fees with respect to such transaction. Subject to relevant Merchant’s refund policy and in accordance therein, Users shall be eligible to get the refund in the following circumstances:
  • The package has been tampered or damaged at the time of delivery, as determined by Carry Goods basis the parameters established by Carry Goods in its sole discretion.
  • If the wrong Item has been delivered to Users, which does not match with the Item for which the Users had initiated a transaction on the Platform, provided however, that such change in Item was not previously communicated to the User.
• d. All decisions with respect to refunds will be at the sole discretion of Carry Goods and in accordance with Carry Goods internal refund policy and the same shall be final and binding. All refunds initiated by Carry Goods shall be refunded to the financial source account from which Users have initiated the transaction on the Platform.

 

9. Representations and Warranties

• a. Subject to compliance with the Terms of Use, Carry Goods grants Users a non-exclusive, limited privilege to access and use this Platform and the Carry Goods Services.
• b. Users agree to use the Platform only: (i) for purposes that are permitted by this Terms of Use; and (ii) in accordance with any applicable law, regulation or generally accepted practices or guidelines. Users agree not to engage in activities that may adversely affect the use of the Platform by Carry Goods or Delivery Partner(s) or Merchants or other Users.
• c. Users represent and warrant that they have not received any notice from any third party or any governmental authority and no litigation is pending against them in any court of law, which prevents them from accessing the Platform and/or availing the Carry Goods Services.
• d. Users represent and warrant that they are legally authorised to view and access the Platform and avail the Carry Goods Services.
• e. Users agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by Carry Goods. Users shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Carry Goods Property, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
• f. Users acknowledge and agree that by accessing or using the Platform, they may be exposed to content from others that they may consider offensive, indecent or otherwise objectionable. Carry Goods disclaims all liabilities arising in relation to such offensive content on the Platform.
• g. Further, Users undertake not to:
  • defame, abuse, harass, threaten or otherwise violate the legal rights of others;
  • publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, disparaging, ethnically objectionable, obscene, indecent or unlawful topic, name, material or information;
  • do any such thing that may harms minors in any way;
  • copy, republish, post, display, translate, transmit, reproduce or distribute any Carry Goods Property through any medium without obtaining the necessary authorization from Carry Goods;
  • conduct or forward surveys, contests, pyramid schemes or chain letters;
  • upload or distribute files that contain software or other material protected by applicable intellectual property laws unless such Users own or control the rights thereto or have received all necessary consents;
  • upload or distribute files or documents or videos (whether live or pre-recorded) that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer;
  • engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform);
  • attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any Carry Goods server, or through the Platform, by hacking, password mining or any other illegitimate means;
  • probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. Users may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform;
  • disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;
  • collect or store data about other Users, Merchants, Delivery Partner in connection with the prohibited conduct and activities set forth herein;
  • use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;
  • use the Platform or any material or Carry Goods Property for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties;
  • falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  • impersonate any other User, Merchant, Delivery Partner or person;
  • violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;
  • violate the Terms of Use contained herein or elsewhere;
  • threatens the unity, integrity, defence, security or sovereignty of India, friendly relation with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting for any other nation; and
  • reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
• h. Users agree and acknowledge that the use of the Carry Goods Services offered by Carry Goods is at their sole risk and that Carry Goods disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.
• i. Without prejudice to the above, Carry Goods makes no representation or warranty that the Carry Goods Services will meet the Users requirements.
• j. All materials/content on the Platform (except any third party content available on the Platform), 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 Carry Goods. Users acknowledge and agree that the Material is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in our Platform, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose other than the purposes stated under this Terms of Use, by any person or entity, without Carry Goods prior express written permission. Users may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize our Platform or any part of the Material for any purpose other than its intended purposes is strictly prohibited. Subject to the above restrictions under this Clause, Carry Goods hereby grants Users a non-exclusive, freely revocable (upon notice from Carry Goods), non-transferable access to view the Material on the Platform.

 

10. Disclaimer of Warranties & Liabilities

• a. Users expressly understand and agree that, to the maximum extent permitted by applicable law:
  • The Platform, and Carry Goods Services are provided by Carry Goods on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Carry Goods makes no warranty that (i) the Platform, Carry Goods Services will meet User requirements or use of the Platform will be uninterrupted, timely, secure or error-free; (ii) the quality of the Platform will meet User expectations; or (iii) any errors or defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by Users from Carry Goods shall create any warranty not expressly stated in the Terms of Use.
  • Carry Goods will have no liability related to any User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Carry Goods also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content.
  • Carry Goods will not be liable for any loss that Users may incur as a consequence of unauthorized use of their Account or Account information in connection with the Platform either with or without their knowledge.
  • Carry Goods shall not be responsible for the delay or inability to use the Platform, Carry Goods Services or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, Carry Goods shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond Carry Goods control. Users understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at their own discretion and risk, and that they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data.

11. Violation of the Terms of Use

Users agree that any violation by Users of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Carry Goods, as the case may be, for which monetary damages would be inadequate, and Users consent to the Carry Goods obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Carry Goods may have at law or in equity. If Carry Goods takes any legal action against Users as a result of their violation of these Terms of Use, Carry Goods is entitled to recover from Users, and Users agree to pay all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.

12.  Link to Third Parties

The Platform may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). Carry Goods shall not be responsible for examining or evaluating such third party websites, and Carry Goods 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. Carry Goods does not assume any responsibility or liability for the actions, product, and content of any such third party websites. Before any Users use/access any such third-party websites, they should review the applicable terms of use and policies for such third party websites. If Users decide to access any such linked third party website, they do so at their own risk.

13. Term and Termination

a. These Terms of Use will continue to apply until terminated by either the User or Carry Goods as set forth below.

b. If the User objects to the Terms of Use or are dissatisfied with the Platform or Carry Goods Services, they can (i) close their Account through the Platform or by writing to support@carrygoods.in; and (ii) stop accessing the Platform.

c. Carry Goods may, in its sole discretion, bar any User’s use of the Platform or the Carry Goods Services at any time, for any or no reason. Even after an Account with Carry Goods is disabled, made dormant or inactive, these Users shall remain liable for all their uncleared dues with respect to the Merchant Services.

d. Carry Goods may delist any User or block their future access to the Platform or suspend or terminate their Account if it believes, in its sole and absolute discretion that they have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically.

e. Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until Carry Goods chooses to terminate them.

f. Users hereby agree and acknowledge, upon termination, Carry Goods shall have the right to retain all information pertaining to the transactions initiated by Users on the Platform.

14. Report Abuse

a. In the event Users come across any abuse or violation of these Terms of Use or if they become aware of any objectionable content on the Platform, they can report the same to the following e-mail id: support@carrygoods.in In case Users have any queries with respect to these Terms of Use or the Carry Goods Services, please write to support@carrygoods.in

15. Communications

a. The User hereby expressly agrees to receive communications by way of SMSs and/or e-mails and/or Whatsapp from Carry Goods, or other third parties. The User can unsubscribe/ opt-out from receiving communications through SMS, Whatsapp and email anytime either through the specific channels of communication or by contacting customer support, provided however, that Users may still receive communications with respect to their use of the Carry Goods Service.

16. General

• a. Amendments: Carry Goods reserves the unconditional right to modify or amend this Terms of Use, Privacy Policy and Policies without any requirement to notify Users of the same. Users can determine when this Terms of Use was last modified by referring to the “Last Updated” legend above. It shall be the User’s responsibility to check these Terms of Use, Privacy Policy and Policies periodically for changes. The User’s acceptance of the amended Terms of Use or continued use of the Platform shall signify their consent to such changes and agreement to be legally bound by the same.
• b. Notice: All notices from Carry Goods will be served by email to the User’s registered email address or by general notification on the Platform.
• c. Assignment: Users cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. Carry Goods rights under the Terms of Use are freely transferable by Carry Goods to any third party without the requirement of informing the User or seeking their consent.
• d. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.
• e. Waiver: Any failure by Carry Goods to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by Carry Goods of that provision or right.
• f. Integration: These Terms of Use together with Carry Goods Privacy Policy and Policies and any other legal notices, communications published by Carry Goods on its Platform, and any other agreements executed between the User and Carry Goods shall constitute the entire agreement between the User and Carry Goods concerning its Platform, Carry Goods Services and governs the User’s use of the Platform and Carry Goods Service, superseding any prior agreements between the User and Carry Goods with respect to the Platform and Carry Goods Services.

       Purchase Services Policy

1. General Terms and Conditions

• a. Notwithstanding the generality of the Terms of Use, these terms and conditions specifically apply to the Purchase Services.
• b. In case of Purchase Services, it is the duty of the Tied-up Merchants to share an updated Item list along with its prices on the Platform. Carry Goods shall not be responsible for any inaccurate Item listing on the Platform. Further, Users agree and acknowledge that it may not be possible for the Tied-up Merchants to list out the exact price or prices of certain Items (including those that are perishable in nature) on the Platform.

2. Medicine Purchase

• 1.a. Users purchasing any medicines/pharmaceutical medicinal product, using the Platform, for which a valid prescription from a registered medical practitioner is required will have to upload the corresponding prescription. It is the User’s responsibility to ensure that a clear copy of the valid prescription is uploaded while initiating the transaction, failing which, Carry Goods reserves the right to terminate the Purchase Service, and initiate appropriate action against the User at its sole discretion.

3.  Tobacco Purchase

• a. Carry Goods facilitates the purchase and sale of tobacco and tobacco products by Non Tied-up Merchants and the corresponding delivery by Delivery Partners to Users that are over eighteen (18) years of age or such higher age as may be specified under applicable law. In this regard, the User agrees to undergo and complete the mandatory age verification process on the Platform, by furnishing the requisite documents, before the purchase. Users undertake to provide valid and legible documents for the purpose of verification, failing which they will not be allowed to access the Platform for the purchase of tobacco products. Users shall be solely liable as to the veracity of the documents provided by them. Carry Goods undertakes no liability in this regard.
• b. Users may also be required to provide appropriate proof of age at the time of delivery. Carry Goods reserves the right to unilaterally terminate the Purchase Service if appropriate documents have not been provided, and in the event appropriate proof is not provided at the time of delivery, to terminate the transaction with no refunds to the User.
• c. Users shall ensure that no Purchase Services are initiated for delivery in or within a specific distance (as prescribed under applicable law) from public locations, such as educational institutions, religious places, places of worship, hospitals, healthcare establishments, etc.; and

4. Payment Terms

• While initiating a request for a Purchase Service, Users shall pay for the price of the Items as indicated on the invoice/ purchase bill sent by the delivery partner’s on the platform. The transaction for the Purchase Service will be initiated by the user directly to the vendor from where the user has requested the purchase service via online means of payment platforms or as maybe communicated by on behalf of the Non Tied up Merchants, Once the payment has been completed the user shall share the transaction receipt on the platform with the delivery partner’s so that the delivery partners can complete the delivery service.

 

Delivery Services Policy

Notwithstanding the generality of the Terms of Use, these terms and conditions specifically apply to the Delivery Services are to be read in consonance with the Terms of Use.

1. Delivery Services:

• a. The Package Delivery Services allow for Users to connect with Delivery Partners and Non-tied up Merchants, to fulfil tasks raised by such Users, including, tasks to purchase, pick up and drop items (the “User Items”) from Non-tied up Merchant locations (“Pick-Up Location”) and to drop to another location (“Drop Location”), each a “Delivery Task”. It is expressly clarified that Carry Goods merely acts as a technology platform to facilitate Delivery Tasks initiated on the Platform and Carry Goods does not assume any responsibility or liability for any form of deficiency of services on part of the Non-tied up Merchants or the Delivery Partner.
• b. Upon initiation of a request for a Delivery Task, depending upon the availability and acceptance of the Delivery Partner, a Delivery Partner is assigned to such task. The Delivery Partner shall send photos of the User Items on the Platform (“User Item Picture/(s)”) along with the corresponding value on the Platform for User Confirmation. Users are instructed to cautiously review and confirm the Users Item Pictures prior to initiating payment. User Confirmation of the User Item Pictures shall be relied upon by the Carry Goods in case any dispute is raised between a User and the Delivery Partner. In case, the User Item Picture/(s) is different from the User Item listed on the Platform, Users should immediately reach out to the assigned Delivery Partner and request them to share the correct User Item Picture/(s). User confirmation to a User Item Picture shall be construed as a deemed acceptance for the modified/different User Item.

2. Delivery Partner policy:

• 1. That the First Parties for carrying out the business related to online delivery, courier, logistics started an online application being named as CARRY GOODS via which every operation of the First Parties shall be carried out.
• 2. That the Second Party is the owner of a vehicle and is intending to work with the First Party on Commission basis. Further it is to be mention herein that in no any circumstances, the second party can sublet his work to any other person without the written consent of the First Parties.
• 3. That the second party has to install the mobile application of the First Parties and after installation of the same, one has to make himself/herself available in the application so that intending trip can be forwarded to the Second Party.
• 4.That the Second Party after joining the office of the First Parties shall have to start his duty on the given schedule by the Company and the commission will be 85% per order, and the transaction will be on a weekly basis.
• 5. That the First parties are in no way responsible, if the second party refrains to follow traffic rules as mandated by the Motor Vehicle Act, 1988 (as amended up-to-date) and violation of the same will be the sole liability of the second party. The second party shall be liable to finish his/her trip at the exact location being provided by the customers.
• 6. That the second party shall not ply the vehicle in an inebriated condition and if he/she does so, then the second Party shall be solely held liable for the same. Further the Second Party shall not carry or transport any items in the vehicle which are not forwarded by First Parties, if found violating the same, then the Second party shall be terminated forthwith from the work assigned without giving any notice.
• 7. That the second party shall have to take minimum 12 trips a day and money collected from the customers during the trips by the second Party has to be deposited to the office of the First Parties within the given day / week of its collection. If the Second Party fails to do so in the stipulated time period as mentioned above then another 24 hours is extended to deposit the collected money. Further, if Second Party fails to deposit the collected money within 48 hours of its collection, then the First Parties will be at liberty to take legal action against the second party for recovering the collected amount.
• 8. That the second party after joining the platform of the First Parties shall keep himself/herself away from any unlawful, illegal, illicit or obnoxious acts or trade. Further if the First Parties comes to know that the second party is engaged in any illegal activity, then the First Parties shall be at liberty to rescind him/her forthwith from his job.
• 9. The second party, hereinafter referred to as the “Employee”, hereby acknowledges and agrees that they have provided the first party, hereinafter referred to as the “ Employer or Partners”, with accurate, complete, and valid documentation required for the job application and appointment process.
• 10. ?In the event that the second party, hereinafter referred to as the “ Employee”, is discovered to have engaged in theft or any fraudulent activities involving the company’s funds, assets, or customer funds or harassment of any of the company’s customers, whether through verbal, written, electronic, or any other means, during the course of their employment, the first party, hereinafter referred to as the “ Employer or Partners”, reserves the unequivocal right to initiate immediate legal action against the Employee without any prior notice or warning. Such legal action may encompass civil and criminal proceedings as permitted by applicable laws.
• 11. That, this agreement is valid for one year from the date of execution and after the said period, fresh agreement may be executed with the second party by incorporating new terms and conditions.

3. In using the Delivery Services, the Users understand, agree, acknowledge and accept that:

• A. the Delivery Partners’ engagement with Carry Goods is on a principal to principal, non-exclusive and voluntary basis. No control is exercised by Carry Goods on the Delivery Partners and there is no employer-employee relationship between Carry Goods and the Delivery Partners.
• b. Acceptance of a Delivery Task by a Delivery Partner shall constitute an independent contractual arrangement for services between Users and the Delivery Partner.
• c. Carry Goods is not responsible for any non-performance or breach of any Delivery Task by the Delivery Partners. Carry Goods does not guarantee the performance of any Delivery Task by the Users or the Delivery Partners respectively, of any Delivery Task initiated on the Platform.
• d. Carry Goods is not a retail store, restaurant, food delivery service, merchandise delivery service, a courier or shipping service or food preparation entity. Carry Goods operates an online marketplace and does not at any point of time during any transaction hold any right, title or interest over the items being transported pursuant to any Delivery Task.
• e. The Pick-Up Location and the Drop Location have been voluntarily added by the User on the Platform, and the User’s location data is collected in accordance with the Terms of Use and Privacy Policy.
• f. Users are aware of the items to be transported through a Delivery Task, and that Delivery Tasks cannot be initiated, for item(s) which are illegal, hazardous, dangerous, or otherwise restricted or constitute items which are prohibited by any statute or law or regulation. 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, securities (including stocks and bonds, share certificates and blank signed share transfer forms), coupons, stamps, negotiable instruments in bearer form, cashier's cheques, travellers’ cheques, money orders, passports, credit/debit/ATM cards, antiques, works of art, lottery tickets and gambling devices, livestock, fish, insects, animals, plants and plant material, human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens, hazardous or bio-medical waste, wet ice, pornographic materials, contraband, bottled alcoholic beverages or any intoxicant or narcotics and psychotropic substances.
• g. Delivery Tasks cannot be raised for dispatch of item(s) which require a special transportation permit or require any special license under applicable law.
• h. Upon becoming aware of the commission any offence or intention to commit any offence during a Delivery Task, Delivery Partners may report such information to the law enforcement authorities.
• i. The Delivery Partner shall upon reaching the Non-tied up Merchant outlet shall intimate Users about the User Item price and Users shall be required to confirm the purchase of the User Items. Users shall make the payment for the same to complete the transaction.

3. Cancellations

Delivery Tasks are not entitled to be cancelled once confirmed on the Platform. Cancellation post confirmation shall be subject to a cancellation fee as indicated to you on the Platform.

Carry Goods redemption points - Terms and Conditions

The following terms and conditions are applicable to Carry Goods Points (“Carry Goods Points”). These terms are in addition to and will be read with the Terms of Use

• 1. Carry Goods Points is a form of redemption points given by Carry Goods to Users on the Platform either at the time of Account creation, through the referral ("Referral program") or through any other mode as may be indicated by Carry Goods.
• 2. The quantum of Carry Goods Points issued, the maximum amount of Carry Goods Points that can be used per order and the validity of Carry Goods Points may vary from time to time and will be indicated to Users on the Platform.
• 3. Carry Goods Points cannot be converted into actual currency or be withdrawn or transferred to another Users in any way.
• 4. Carry Goods Points is only to be used for the personal use of Users. Carry Goods Points cannot be used for business or corporate purposes. Exploiting the use of Carry Goods Points or assisting others to exploit Carry Goods Points is strictly prohibited, and will result in suspension/termination from use of Carry Goods Points and use of the Platform.
• 5. Carry Goods Points may not be applicable for certain Carry Goods Services and in certain geos, as per the independent discretion of Carry Goods.
• 6. Carry Goods Points cannot be clubbed with any other discount or offer run on the Platform.
• 7. In case of any issue pertaining to the quantum of Carry Goods Points, usage of Carry Goods Points etc., the independent decision made by Carry Goods shall be final and binding. Further, in the event, the Carry Goods has reasons to believe that a User has acted fraudulently for availing Carry Goods Points or has used Carry Goods Points in a manner inconsistent with this Policy, Carry Goods shall upon investigation have the right to suspend the User. Further, pending investigation, the User shall not be entitled to use Carry Goods Points available with them.

 

 

Carry Goods Referral Programme

• 1. The Carry Goods referral programme is a reward program initiated to encourage eligible Users to refer the Platform to their friends and family.
• 2. Each eligible User (a “Referee”) is provided with a referral code, which they may choose to share with people known to them personally and have consented to receive such referral code.
• 3. Each new User (a “Referred User”) shall receive Carry Goods points upon them entering the referral code shared by the Referee during the Account creation process.
• 4. A Referee shall receive Carry Goods Points upon the Referred User using the Platform for a task valued at not less than INR 60/- (Indian Rupees Sixty only), within the first 7 (seven) days of the Referred User creating an Account
• 5. Each Referee can refer up to a maximum of 10 (ten) Referred Users.
• 6. Referees must refer and distribute the referral codes only to people known to them personally and have consented to receive such referral code. Referees must not send bulk and spam emails to distribute the referral code nor must users post it on any public platform for distribution to strangers. Any violation of these terms will immediately lead to disqualification of use of the Platform.
• 7. Upon a Referee reaching the maximum number of referrals, the referral code shall become invalid.
• 8. In case of any issue pertaining to the eligibility to refer or be referred, the independent decision made by Carry Goods shall be final and binding. For any issue pertaining to receipt of Carry Goods Points, please write to support@carrygoods.in.
• 9. Referees must not refer themselves or create multiple, fictitious or fake accounts with Carry Goods. In addition, Referees and their Referred Users cannot: (i) use Carry Goods Points to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed unfair, disruptive, harassing, harmful, illegal; (ii) collect or harvest any personally identifiable information from the referral program; or (iii) use any system, bot or other device to participate or receive any benefit through the referral programme.

Carry Goods reserves the right to terminate the Referral Programme or modify these terms at any point in time, without notice to users.

 

Package Delivery Terms

Notwithstanding the generality of the Terms of Use, these terms and conditions specifically, apply to the Package Delivery Services are to be read in consonance with the Terms of Use.

• 1. Package Delivery Services :
  • a. The Package Delivery Services allow for Users to connect with Delivery Partners, to fulfil tasks raised by such Users, including, tasks to pick up and drop items (the “User Items”) from one location (“Pick-Up Location”) and to drop to another location (“Drop Location”), each a “Package Delivery Task”. It is expressly clarified that Carry Goods merely acts as a technology platform to facilitate Package Delivery Tasks initiated on the Platform and Carry Goods does not assume any responsibility or liability for any form of deficiency of services on part of the Delivery Partner.
  • b. Upon initiation of a request for a Package Delivery Task, depending upon the availability and acceptance of the Delivery Partner, a Delivery Partner will be assigned to such task. The Delivery Partner shall pick up the User Items from the Pick-Up Location and drop off the User Items at the Drop Location.
• 2. In using the Package Delivery Services, the Users understand, agree, acknowledge and accept that:
  • a. The Delivery Partners’ engagement with Carry Goods is on a principal to principal, non-exclusive and voluntary basis. No control is exercised by Carry Goods on the Delivery Partners and there is no employer-employee relationship between Carry Goods and the Delivery Partners.
  • b. Acceptance of a Package Delivery Task by a Delivery Partner shall constitute an independent contractual arrangement for services between Users and the Delivery Partner.
  • c. Carry Goods is not responsible for any non-performance or breach of any Package Delivery Task by the Delivery Partners. Carry Goods does not guarantee the performance of any Package Delivery Task by the Users or the Delivery Partners respectively, of any Package Delivery Task initiated on the Platform.
  • d. Carry Goods is not a retail store, restaurant, food delivery service, merchandise delivery service, a courier or shipping service or food preparation entity. Carry Goods operates an online marketplace and does not at any point of time during any transaction hold any right, title or interest over the items being transported pursuant to any Package Delivery Task.
  • e. The Pick-Up Location and the Drop Location have been voluntarily added by the User on the Platform, and the User’s location data is collected in accordance with the Terms of Use and Privacy Policy.
  • f. They are aware of the items to be transported through a Package Delivery Task, and that Package Delivery Tasks cannot be initiated, for item(s) which are illegal, hazardous, dangerous, or otherwise restricted or constitute items which are prohibited by any statute or law or regulation. 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, securities (including stocks and bonds, share certificates and blank signed share transfer forms), coupons, stamps, negotiable instruments in bearer form, cashier's cheques, travellers’ cheques, money orders, passports, credit/debit/ATM cards, antiques, works of art, lottery tickets and gambling devices, livestock, fish, insects, animals, plants and plant material, human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens, hazardous or bio-medical waste, wet ice, pornographic materials, contraband, bottled alcoholic beverages or any intoxicant or narcotics and psychotropic substances.
  • g. Package Delivery Tasks cannot be raised for dispatch of item(s) which require a special transportation permit or require any special license under applicable law.
  • h. Upon becoming aware of the commission any offence or intention to commit any offence during a Package Delivery Task, Delivery Partners may report such information to the law enforcement authorities.
• 3. Payments

While initiating a Package Delivery Task, Users shall pay the corresponding service fees as displayed on the Platform upfront. Only on successful receipt of the service fee, will the Delivery Partner initiate/complete the Package Delivery Task.

• 4. Cancellations

Package Delivery tasks are not entitled to be canceled once confirmed on the Platform. Cancellation post confirmation shall be subject to a cancellation fee as indicated to you on the Platform.