1. Registration and Account Information:
- You shall be permitted to access the Platform, avail of Our Services provided on the Platform only upon creating an Account (defined hereunder) and obtaining registration on the Platform. You can continue to use Our Services as long as You are the User.
- Details shall include your personal information including your name, contact details, valid phone number while registering on the Platform.
- Alternative registration can be routed through Your account on Google or Facebook.
- As a part of the registration, You are required to verify by providing personal information to set up the account on the Platform.
- Gubbins shall have the right to display the information provided by You. By entering details you agree and accept that such information is true and accurate and Gubbins shall not be responsible for any inaccuracy or incompleteness of the information provided by You.
- If You provide any information that is untrue, inaccurate, not current, or incomplete and such is brought before knowledge to Gubbins after the inspection on reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Gubbins shall reserve the right to suspend or terminate Your Account and refuse any current or future use of the Platform (or any part thereof) at any time.
- By registering on the platform you agree and accept any communications made by Gubbins via mail, SMS, Phone calls for service updates and delivery status while availing of Services. If you wish to terminate any such communications, please contact email@example.com or 9910007992.
- You shall not disclose Your account information to any person. Any unauthorized use shall be immediately notified to Gubbins at firstname.lastname@example.org. However, any loss incurred by any such breach of account information shall not make Gubbins liable.
2. Gubbins Services
- Gubbins provides you with the services as mentioned herein under (“Gubbins Services”)
- It shall allow Users to connect with Merchants and Delivery Partner for every order placed.
- It shall allow you to view and select any item(s) which shall be listed on the Platform by the Tied up Merchants wherein you have the option to purchase any item and get the same delivered through our Delivery Partners.
- It shall also allow you to buy any item from Non- tied up merchants, wherein you shall only be availing the Delivery Services.
- It shall allow you to pick up and drop from one location to the other on Gubbins Platform wherein you shall be assigned a Delivery Partner.
- It shall allow the User to avail Gubbins Labelled tamper proof bag for Delivery
- Once the delivery service have been completed or delivered, you shall be duly notified.
- Gubbins Services, may at its absolute sole discretion, add, modify, upgrade, extend, withdraw or alienate any of the Gubbins Services as listed above from time to time as per Company’s Discretion.
- Gubbins shall not be responsible for the loss or damage of Goods if such is already damaged, broken, or unfit for transportation to the Delivery Partner.
- Delivery Partner shall not conduct any checks of the Goods delivered during Services.it is the User’s responsibility to ensure that the Goods are packed properly in the Tamperproof delivery bag. If in any circumstance, the Delivery Partner seals or handles the bag as per the instructions provided by the Sender/User, It shall not make the Delivery Partner liable for damage to the Goods
- Users agree and acknowledge that the Gubbins Platform acts as a facilitator between You, Merchants and the Delivery Partners (as the case may be) and Gubbins only provides You with access to the Platform to connect with Merchants and Delivery Partners for You to initiate transactions on the Platform. You hereby agree and acknowledge that Gubbins will not be a party to any of the transactions that are initiated by You through the Platform and Gubbins shall not be liable in any manner or incur any liability with respect to the services performed by the Merchants or the Delivery Partners, as the case may be. Further, You hereby agree and acknowledge that Gubbins shall not be liable for the conduct, acts and omissions of the Merchants (including their employees and consultants) and Delivery Partners in the course of providing their services to You, or for any loss or damage to the Item or otherwise caused to You as a consequence of or in relation to the services being provided to You by the Merchants or the Delivery Partner, as the case may be.
- In case of Purchase Services, it is the duty of the Tied-Up Merchants to share the updated Item list along with its prices on the Platform. Gubbins shall not be responsible for any inaccurate Item listing on the Platform. Further, You hereby agree and acknowledge that for certain Items (Items that are perishable in nature or Item whose price varies periodically), it may not be possible for the Tied-Up Merchants to list out the exact price or prices of such Items on the Platform. The above shall also be applicable to the provision of Purchase Services. In such cases, the Delivery Partner upon reaching the Merchant outlet shall intimate You about the Item price and You shall be required to confirm the purchase of the Item and you shall make the payment for the same to complete the transaction, however if You do not confirm the purchase of the Item and do not make payment for the Item, You shall pay such fees as may be communicated to You on the Platform for the efforts of the Delivery Partner.
- Gubbins shall provide updates on the status of delivery via SMS/Whatsapp/Email/Application and the map as shown on the Platform after the initiation of the transaction. 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 Gubbins by third-parties. Though live-tracking may be reliable, it is also prone to inaccuracies due to network issues. Gubbins does not give any assurance concerning the accuracy of the live-tracking system available on the Application.
- It is also pointed out that Gubbins 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 and consequently storing goods for delivery transiently without any tampering, or transferring Goods across Delivery Partners at its sole discretion which shall be considered as a part of the Service by the Platform and agreeing to these Terms shall explicitly give Gubbins the right to transiently store delivery items as well as transfer delivery items across Delivery Partner without inducing any additional liability.
- By giving us the Goods in the tamper-proof delivery bag or otherwise, you hereby appoint us as your agent for the delivery of the Goods to the Recipient.
- In some instances, local authorities may require additional documentation for confirming our delivery. 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.
- You hereby acknowledge that Gubbins shall not be liable for any damages of any kind arising from Your use of the Gubbins Services including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
- Gubbins shall be entitled at any time without giving any reason terminate Your request for any Gubbins Services.
- You hereby agree that Gubbins shall not be liable for any conduct or misbehaviour or actions of Delivery Partner with respect to any transactions initiated on the Platform. Further, You agree that Gubbins has no control over the Items provided to You by the Merchants and therefore, Gubbins shall not incur any liability with respect to such Items. However, keeping in mind the interests of the Users, We have informed our Merchants to ensure that Items are packaged properly to avoid any form of spillage or damage to the Item or any issues related to packaging.
- You hereby agree that scheduling and rescheduling a transaction on the Platform depends upon the availability of Delivery Partners around Your area at the time of such scheduling and re-scheduling a transaction. Should You choose to reschedule a transaction on the Platform at a later point of time, You shall cancel the current transaction on the Platform (if initiated) and initiate a new transaction on the Platform, as per Your convenient time.
- . If a transaction initiated by You on the Platform cannot be completed, Gubbins shall notify You on the platform.
- You agree to provide as much information as possible on the Platform with respect to the Items/services You wish to purchase/avail, using the Platform.
- We can’t fulfil any tasks which are immoral or unlawful in nature. Gubbins reserves the right to refuse to perform any tasks on the grounds of such tasks being immoral/unethical/unlawful/banned either by Gubbins internal policies or as per the independent discretion of Gubbins. Gubbins may also refuse to perform any task on the grounds that such task is prohibited under any contract to which we are party.
- Gubbins is not a seller and shall to be responsible for the quality, quantity or items sold by the Merchants (Tied/ Non- Tied). Accordingly, in the event of grievance arising from any such transaction, you may contact Gubbins for routing your grievance.
- You hereby acknowledge that if You have any complaint with respect to the Gubbins Services, You will first inform Gubbins in writing within 24 (twenty four) hours of using such Gubbins Services
- If a transaction initiated by You on the Platform cannot be completed, Gubbins shall notify You on the Platform.
- You agree to provide as much information as possible on the Platform with respect to the Items/services You wish to purchase/avail, using the Platform
* GUBBINS MAY REFUSE THE TRANSACTION AT ANY TIME AT ITS SOLE DISCRETION.
Gubbins does not detain without any valid reasons and we promise to deliver the Goods without tampering and within the timeframe.
- We shall not be liable in case of delay or cancellation or non-delivery due to force majeure occurrence.
- When the User is in breach of these Terms.
- If the Recipient for any reason(s) 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.
- If there is no claim of withheld Goods after the completion of the transaction and the recipient is unavailable/ has provided wrong OTP/ canceled before delivery of goods/ it shall be withheld in Our office. And if it goes beyond 10 days, the Gubbins shall have the rights over the withheld Goods to use, sell or modify.
- If there is no claim of withheld Perishable/Consumable Goods after the completion of the transaction and the recipient is unavailable/has provided wrong OTP/ Canceled before delivery of goods. It shall be withheld in Our office, if it goes beyond 3 days. The Gubbins shall have the rights to whatever it deems fit for such Goods.
3. Additional Charge, Cancellation, and Refund
- Gubbins shall confirm and initiate the execution of the transaction initiated by You after receiving the confirmation. If the User cancels the transaction by clicking the cancel option on the platform. It is to be noted that a cancellation fee may be levied if the transaction has been under process by Gubbins with respect to the work initiated.
- In case the User modifies the terms of transactions that may include the size of delivery, pickup or drop location, or any such modification, an additional charge may be levied on the transaction.
- In cases where delivery is almost completed and the cancellation request has been initiated by the User. Additional charge shall be levied to the User which shall be shown as due on the platform.
- Gubbins may also cancel the transaction initiated by You on the Platform, if:
- The designated address to outside the deliverable limits as mentioned on the Platform.
- Failure to communicate with the User/Sender by Gubbins agents.
- The transaction involves supply/delivery/purchase of any material good that is illegal, offensive, comes under the list of restricted items( mentioned below), or breaches any of the terms of Service mentioned by Gubbins.
- If the transaction involves the purchase of medicines that requires a medical prescription and such prescription has not been provided to the Rider.
- Information, instructions, and authorizations provided by You is not complete or sufficient to execute the transaction initiated by You on the Platform.
- If Gubbins is not available to perform the services, as may be requested.
- If any Item for which You have initiated the transaction is not in stock at the location.
- If the transaction cannot be completed for reasons beyond the control of Gubbins.
- In the event of cancellation and there has been no call back of the goods by the User, such property shall be retained at Gubbins office. And if not called by the User within 10 days, it shall become Gubbins property.
- You shall only be able to claim refunds for transactions initiated by You only if You have chosen the pre-payment of the transaction. Subject to Gubbins refund policy and in accordance therein, You shall be eligible to get the refund in the following circumstances: The limit of refund shall be based on the delivery charges and Gubbins shall fix the final refund amount as per its discretion.
- Your package has been tampered with or damaged at the time of delivery, as determined by Gubbins basis the parameters established by Gubbins in its sole discretion.
- If the wrong item has been delivered to You, which does not match with the Item for which You had initiated a transaction on the Platform.
- List of Restricted shall include but not limited to:
- Radio-active, explosives, corrosive or flammable substances.
- Hazardous chemicals, explosives, firearms or parts thereof,
- Ammunition, firecrackers, cyanides, precipitates,
- Gold and silver ore, bullion, precious metals and stones, jewelry, 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, travelers’ cheques
- Money orders
- Credit/debit/ATM cards
- 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
- Any intoxicant or narcotics and psychotropic substances or any other prohibited material or material for the transportation of which specific authorization/license is required under applicable laws).
- You also agree that and are aware by making Us Your agent, any such commission of the offense by You with or without intention, Gubbins agent shall not be responsible and may report such information with a reasonable ground of knowledge of any such offense, to the Law enforcement authorities or Gubbins.
- You hereby agree and accept that any offers made by Gubbins is solely at Our discretion and does not extend any entitlement to You. You shall read the terms and conditions of the Offers carefully before availing them.
4. Payment Terms
- Purchase of Gubbins Services- While initiation a transaction for purchase of Gubbins services You shall pay for the price of the Items You require the Delivery Partners to deliver to You from the Tied Up Merchant. The transaction for the Purchase Service will be initiated on the Platform once You have completed the payment for the same on the Platform. In certain exceptional circumstances, if the purchase price of the Item is not available on the Platform, You shall be required to pay the purchase price of the Item, through the Platform, as may be communicated to You by the Delivery Partner, prior to the Delivery Partner undertaking Purchase Service.
- Delivery Partner Services- While availing Delivery Service, You shall pay the purchase price of the Item through the Platform, as may be communicated to You by the Delivery Partner on behalf of the Non- Tied up Merchant. Only upon processing such agreed amount via Platform, shall the Delivery Partner purchase the Item on Your behalf.
- Pick up and Drop service- Gubbins shall charge a standard price which is based on the distance between the pick-up and drop location, size of the deliverable, and ancillary costs as required or requested by the User Fees are charged as per the transaction and will be informed prior to initiation of the transaction which will be informed to the User.
- If the dues are unable to be cleared after the delivery of Goods, the User will have to clear the dues to avail Gubbins service for another transaction.
- In the event of any change in specifications/details of delivery with respect to the delivery such as the size of the delivery item, change in delivery location, change in pick up location, or unusual wait time during pick up or delivery, Gubbins may levy an additional charge which shall be added to the subsequent invoice of the User and sent to the User.
- Gubbins shall provide an E-copy of the Invoices of the transaction. Which shall be sent to your registered mail address.
5. Eligibility of the User
- Gubbins Services are not available to minors (unless under parental or Legal guardian’s guidance) or any Users if the account has been suspended or removed by the Platform from accessing the Platform for any reason whatsoever. You represent that the User is of Legal age competent to avail services.
- Gubbins User account if created for minors, it shall be assumed that such activity is under legal/guardian’s guidance.
- Gubbins shall reserve the right to suspend or terminate as per its sole discretion.
- You shall only have one active Registered User on the Platform.
- Users are prohibited from selling, impersonating, or creating accounts on the Platform.
6. Representations and Warranties
- User agrees and acknowledges the following
- The Use shall be in accordance with any applicable law, regulation, or generally accepted practices or guidelines.
- You agree not to engage in activities that may adversely affect the use of the Platform by Gubbins
- You represent and warrant that You have not received any notice from any third party or any governmental authority and no litigation is pending against You in any court of law, which prevents You from accessing the Platform and/or availing the Gubbins Services.
- You represent and warrant that You are legally authorized to view and access the Platform and avail the Gubbins Services.
- You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by Us. You shall not use any portal that is not a portion of Gubbins Platform.
- You acknowledge and agree that by accessing or using the Platform, You may be exposed to content from others that You may consider offensive, indecent, or otherwise objectionable. Gubbins shall not be responsible for the liabilities arising in relation to such offensive content on the Platform.
- You agree and acknowledge that the use of the Gubbins services is at Your own risk.
- Without prejudice to the above, Gubbins makes no representation or warranty that the Gubbins Services will meet Your requirements.
- Furthermore, User shall not but not limited to:
- defame, abuse, harass, threaten or otherwise breach the legal rights of other Users;
- Publish any material that is objectionable, obscene, or offensive;
- Distribute or prints any of the Gubbins property;
- conduct or forward surveys, contests, pyramid schemes, or chain letters;
- Upload Intellectual Property Infringing material.
- Engage in any disruptive activity which can damage the other User’s account such as distributing computer virus.
- Attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any of the servers on Gubbin’s Platform;
- collect or store data about other Users, riders, or Gubbins agents which is prohibited;
- 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;
- Illegal acts like impersonation of 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;
- 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 cognizable offense or prevents investigation of any offense 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.
7. Intellectual Property Rights
- The Platform and the process, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds, and music (if any), artwork, algorithm and computer code (and any combination thereof), except any third party software available on the Platform, is owned by Gubbins ("Gubbins Property") and the design, structure, selection, coordination, expression, look and feel and arrangement of such Gubbins Property is protected by Intellectual property rights. You are not permitted to use Gubbins Property without the prior written consent of Gubbins.
- The trademarks, logos, and service marks displayed on the Platform ("Marks") are the property of Gubbins, except for any trademark, logos, and service marks of third parties available on the Platform. You are not permitted to use the Marks without the prior consent of Gubbins or such third party as may be applicable.
8. Warranties & Liabilities
You expressly understand and agree that to the maximum extent permitted by applicable law:
- Gubbins Services are provided on an “as is” basis without any kinds of warranty express, implied, statutory, or otherwise, including the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose.
- Gubbins makes no warranty that the delivery service will meet your requirements or the transaction will be error-free, timely, and secure.
- Gubbins is not responsible for the quality of the services.
- Gubbins shall not create any warranty by the advice of the Users
- Gubbins shall not be responsible for the loss that may incur due to unauthorized use of the account.
- Gubbins shall have no liability that may arise due to infringement of intellectual property rights, libel, privacy, publicity, obscenity, or other laws. Gubbins also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User content.
- Gubbins shall not be responsible for any delay or inability to use the Platform, Gubbins 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, based on compliances.
- Gubbins shall not be responsible for the non-availability during the periodic maintenance, unplanned suspension of access, or any technical glitches on the Platform
- You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.
9. Indemnification and Limitation of Liability
- Your indemnification shall survive the Termination of the Account.
- Subject to applicable laws, in no event will Gubbins or its employees aggregate liability exceed the delivery or its employees aggregate liability, arising from or related to the Gubbins Services or the use of the Platform shall not exceed 10 times the delivery fees charged for each transaction in case of damaged goods, if delivered by Gubbins. (for which Gubbin shall be liable). The final amount shall be decided by Gubbins in case of liability on Gubbins or any of its agents.
- The Platform and the Gubbins Services are only available to Users located in Delhi- NCR and shall not apply to any User outside the scope of Service areas by Gubbins.
11. No liability of Third Parties
Gubbins Platform may contain third-party-owned content (affiliate partners, advertisers, strategic partners, etc). Gubbins is not responsible for the evaluation of the third party links. Access of Users through Our platform shall make User responsible or liable as You may do so at Your own risk.
12. Disclaimer of Warranties and Liabilities
You expressly understand and agree that, to the maximum extent permitted by applicable law:
- Gubbins will have no liability related to any User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws.
- Gubbins also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content.
- Gubbins will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform either with or without Your knowledge.
- Gubbins shall not be responsible for the delay or inability to use the Platform, Gubbins 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, Gubbins 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 Gubbins control. You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.
13. Term and Termination
- If You are dissatisfied with Our services, please write to us at email@example.com, we shall delete the Account for You. Or you can delete by stopping Your access and such will make your account Dormant and shall be deleted within 6 months by Gubbins.
- Gubbins may be acting in sole discretion delete the Services provided to You with/without reason as it may deem fit to the Platform.
- User agrees and accepts that Gubbins shall retain provided by the User even after Termination of the Account.
13. Governing Law
14. Report and Query Forum
If You come across any objectionable content. Please report such activity at firstname.lastname@example.org or 9910007992. If there is any query or require customer support, Please drop Us a mail at email@example.com.
15. Communications by Gubbins
You hereby expressly agree to receive communications by way of SMS instant messages and/or e-mails from Gubbins, or other third parties. You can unsubscribe from receiving communications through SMS and email anytime by contacting us for the same at our Support Forum.
16. General Terms
- Gubbins shall deliver notices to you by registered email address or by SMS messaging as provided by You.
- If you have a reasonable ground to believe that the Platform violates Intellectual Property Rights that may belong to you or a third party. You must promptly write to us at firstname.lastname@example.org. However, any false claim by You may result in the termination of Your access to the Platform. You are required to provide the following details in Your notice should include the IP that is being infringed, the specific item, location, and Contact details along with a physical or electronic signature of the owner or the agent of such Intellectual property right.