These terms and conditions apply to your use of the uParcel mobile application and other related online and offline platforms (uParcel), as well as to all information, recommendations and/or Services (defined below) provided to you by means of your use of uParcel.
uParcel is powered and provided by Upstart Tech Ventures Private Limited, incorporated in India.
Please review these terms and conditions carefully. By using uParcel or the Services, you acknowledge and agree that these terms and conditions and our privacy policy are binding on you. For more information on how we will use your personal data, please see our privacy policy. If you do not agree with these terms and conditions and our privacy policy, do not install the uParcel mobile application, delete it and do not use uParcel or the Services.
No-go Zones
(a) International and Domestic Airports in India, under the three cities listed in Clause 3(c), where uParcel Services are restricted to.
(b) In the event that the Partnering Provider is not allowed to enter the drop-off location for security reasons, the recipient will have to collect the parcel directly from the Partnering Provider where the Partnering Provider is allowed to be at.
1. Definitions and Interpretation
(a) In these terms and conditions, the following definitions and rules of interpretation apply unless otherwise defined or the context requires otherwise: "Advertisement" means any promotion messages and information that may appear on your mobile device during the operation of the App; "Participating Providers" means the independent delivery agents or delivery operators whose courier and logistics services are offered and may be requested through the use of uParcel. Participating Providers are independent contractors and not employees of uParcel; "Services" means any and all services provided by us to you by means of your use of uParcel, which include the services described in clause 3(a); INR means Indian Rupees, the lawful currency of India; India means the Republic of India; "App" means the uParcel mobile application supplied by us and downloaded and installed by you on your mobile device through which you may obtain the Services; and "Terms" means these terms and conditions, which may be amended and supplemented by us from time to time in accordance with clause 10.
(b) Headings are for convenience only and do not affect interpretation. The singular includes the plural and the masculine shall include the feminine and neuter and vice versa.
(c) A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
2. License of App / Intellectual Property Rights
(a) Subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable licence to download and install one copy of the App on your mobile device and to run such copy of the App solely for your own personal use.
(b) Your use of uParcel grants you no rights in relation to our intellectual property rights (including, without limitation, copyright, trademarks, logos, graphics, photographs, animations, videos and text or rights in and to the App and applications) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use and receive the Services in accordance with these Terms.
(c) You must not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the App in any way; (ii) modify or make derivative works based upon the Services or App; (iii) create Internet links to the Services or frame or mirror any App on any other server or wireless or Internet-based device; (iv) reverse engineer or access the App in order to (1) design or build a competitive product or service, (2) design or build a product using similar ideas, features, functions or graphics of the Services or App, or (3) copy any ideas, features, functions or graphics of the Services or App, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services or App.
3. Services
(a) We offer a technology platform to provide information and a means for you to obtain courier and logistics services from Participating Providers through the use of uParcel. uParcel allows you to send a request for courier and logistics services (together with details of you and your journey) to Participating Providers and each relevant Participating Provider has the sole discretion to provide acceptance for such request. If a Participating Provider accepts the request, uParcel will notify you and provide information about the Participating Provider such as the delivery price, driver name, remarks and driver rating (if any). Once you have accepted the service of the Participating Provider, uParcel will notify the Participating Provider of your delivery details such as details of you and your journey. You will also receive details of the Participating provider such as the contact details.
(b) You acknowledge and agree that we only act as an intermediary between you and the Participating Providers and we are not your agent or the agent of the Participating Providers. We are not a transportation carrier and do not provide transportation services. We are not responsible for the behaviour, negligence, conduct, actions or inactions on the part of the Participating Providers that you may use (through uParcel or otherwise). Any contract for the provision of courier and logistics services is between you and the Participating Providers and not us. We shall never be a party to any agreement (to be) entered into between you and any Participating Providers. If you have any complaint in relation to the courier and logistics service provided then that dispute must be taken up with the Participating Provider directly.
(c) uParcel Services are restricted only to these three cities in India: Mumbai, Pune and Bangalore.
(d) You must keep secure and confidential and not disclose to any third party any username or password that we may provide to you in relation to access to uParcel and the Services.
(e) We shall assume that any person using your mobile device, your username and password is you or a person authorized by you.
4. Your use of uParcel and the services you agree to
(a) Use of uParcel Services is available only to persons who can enter legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, undischarged insolvents, person of unsound mind are not eligible to use uParcel Services (including Courier App). Any person under the age of 18 shall not register as a Courier through Courier App and shall not transact on or use uParcel Services. uParcel India reserves the right to terminate any Courier’s registration and/or refuse to provide such person with access to the Courier App if it is brought to uParcel India’s notice or if it is discovered that such Courier is not eligible to use the Courier App.
(b) In order to use most aspects of uParcel Services, you must register for and maintain an active personal Account. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to uParcel India certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You warrant that all information and details provided by you to us (including through the App) are true, accurate, complete and up-to-date in all respects and at all times. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use uParcel Services or uParcel India’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account, username and password at all times.
(c) you will not use uParcel or the Services: for any unlawful purpose; in any way that interrupts, damages, impairs or renders uParcel or the Services less efficient; to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate any security measures; to advertise or promote third party or your own products or services;
(d) to comply with all applicable laws while using uParcel or the Services;
(e) you will not use the uParcel or the Services to cause nuisance, annoyance or inconvenience;
(f) to refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation;
(g) to provide us with whatever proof of identity we may reasonably request;
(h) to treat Participating Providers introduced to you through uParcel with respect and not engage in any unlawful, threatening, harassing, abusive behaviour or activity whilst using their Services; and
(i) to compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms. We reserve the right to suspend, restrict or terminate your access to uParcel and the Services at any time without advance notice or liability if we have reasonable grounds to believe you have breached any of these Terms or in our opinion, you misuse uParcel or the Services. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
5. Charges and Payment
It is free to use the App. For details about the cost of the courier and logistics services provided by the Participating Providers, please refer to the latest pricing guidelines posted on www.uparcel.in and/or the App, which may be amended and updated at our sole discretion from time to time without prior notice. You agree to make payment in full directly to any Participating Provider introduced to you through uParcel for any services provided by such Participating Provider to you.
Following charges levied by uParcel India’s payment gateway service provider, shall be to the account to the Client and shall be deducted from the credit available in the Client’s account:
(i) the sum of all fees denied, refused, or charged back to the Client;
(ii) all inquiries, cancellations, disputes and refunds that may be processed on the account of the payment gateway services provider on the fees paid by the Client;
(iii) any taxes, penalties, rolling reserves, charges or other items that may be processed on the account of the payment gateway services provider and is reimbursable by uParcel India to the payment gateway service provider;
(iv) any amounts due which may be reimbursable by uParcel India to the payment gateway service provider;
(v) any charges, penalties or any amount imposed upon the payment gateway service provider with respect to any transaction on the Site or App by uParcel India;
(vi) any bank fees, transaction fees or service penalty fees incurred by the payment gateway service provider due to charge backs or excessive refunds; and
(vii) payment gateway service provider’s transaction discount rates for any transaction on the Site or App by the Client and refunds processed on account of the Client’s fees.
Taxes on reverse charge mechanism, wherever applicable, shall have to be paid by the recipient of services.
Toll Charges: In case of a toll on your trip within the three cities mentioned in clause 3(c), return toll fare will be charged.
6. Promotions
We may from time to time offer promotions on uParcel. We reserve the right to amend, suspend, withdraw or terminate, whether in whole or part, any and all such promotions without prior notice and at our absolute discretion.
7. Links and advertisements
uParcel may contain Advertisements and links to third-party websites. We shall not be responsible for the contents and accuracy of any Advertisement. Any links to third-party websites are provided solely for your convenience and not in any way as an endorsement by us of the contents on such third-party websites. If you access any linked third-party website or Advertisement, you do so entirely at your own risk. We shall not be responsible for any transactions between you and any advertisers or third-party website operators.
8. Indemnification
By accepting these Terms and using uParcel or the Services, you agree that you shall defend, indemnify and hold us, our affiliates, our licensors, and each of our and their respective officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:
(a) your violation or breach of any term of these Terms or any applicable law or regulation, whether or not referenced herein;
(b) your violation of any rights of any third party, including Participating Providers arranged via uParcel, or
(c) your use or misuse of uParcel or the Services.
9.Disclaimers
(a) The App is provided to you on an “as is” basis. We do not guarantee that the App is compatible with your mobile device or that (the contents of) the App and our website are free of errors, defects, malware and viruses or that the App and our website are correct, up to date and accurate.
(b) We do not warrant and accept no liability in connection with the availability of the Services, the availability of courier and logistics services from the Participating Providers through the use of the Services, the accuracy of the information or data provided as part of the Services or the quality, suitability and timeliness of the services of the Participating Providers.
(c) Any quoted pick-up or journey times are best estimates only and we shall have no liability if a pick-up or journey time exceeds any estimate given or otherwise exceeds your expectations for whatever reason nor shall we have any other liability to you in connection with the time at which you and/or the goods to be transported by the Participating Providers reach or fail to reach the destination.
(d) You agree and acknowledge that uParcel India shall not guarantee the availability or uptime of uParcel Services. It is clarified that uParcel Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. You agree that uParcel India shall not be held responsible for any delays, delivery failures, or other damages, liabilities or losses resulting from such problems.
(e) Vehicles of Participating Providers registered with uParcel may or may not be installed with GPS tracking device and/or other location tracking software or technology. If they are installed, such vehicles are tracked using GPS or other location tracking technology to facilitate and improve route planning only. You acknowledge and accept that the location tracking feature is not error-free and the information provided by it may not be accurate. Your use of the location tracking feature is solely at your own risk and we accept no responsibility or liability in connection with any such use of and/or reliance on such location tracking information by you.
(f) It shall be your sole responsibility to ensure that valuable, unusual or any other items are covered by appropriate insurance. In case of lost items inside the vehicles of Participating Providers during the journey, we will use reasonable endeavours to liaise with the relevant Participating Provider to locate such items but in no event shall we be responsible or liable for the loss of, or damage to, any such items.
(g) The use of uParcel and the Services is at your sole risk. To the fullest extent permitted by applicable law, we shall not be liable for any damages resulting from or in connection with the use or inability to use uParcel or the Services (including any consequential, indirect, incidental damages or any loss of profit or damages to your mobile device). Without prejudice to the foregoing and insofar as permitted under applicable law, our aggregate liability shall in no event exceed an amount of INR 5,000.
(h) uParcel India will have no liability related to any Content arising under intellectual property rights, libel, privacy, publicity, obscenity, or other laws. uParcel India also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any Content.
10.Modification of Terms and Services
We may, at our sole discretion, from time to time amend or otherwise modify or replace any of these Terms, or change, suspend or discontinue uParcel or the Services (including but not limited to the availability of any feature or content) by sending you notice through uParcel or by posting a notice on our website at www.uparcel.in, which shall be effective and binding on you upon notice or posting. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
11.Personal data and Privacy
The collection, use, storage and transfer of your personal data are generally subject to our privacy policy and personal information collection statement, the latest version of which is at www.Uparcel.in. Our privacy policy, as may be amended and updated from time to time at our sole discretion, is incorporated by reference into these Terms.
12. Miscellaneous
(a) You may not assign or transfer any of your rights or obligations under these Terms to any person without our prior written approval. We may assign and transfer any of our rights and obligations under these Terms to any person.
(b) We may give notice by means of a general notice on uParcel, or by electronic mail to your email address on record in our account information, or by written communication sent by regular mail to your address on record in our account information.
(c) If any provision under these Terms is rendered void, illegal or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected by it and shall continue to apply.
(d) The original text of these Terms is in English. In the event of any inconsistency between the English text and any foreign language translation, the English text shall prevail.
13. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India. Both you and we agree to submit to the exclusive jurisdiction of the courts of India as regards to any dispute or matter arising under these Terms.
14. Arbitration
The Parties shall endeavor to amicably, through discussions, settle and resolve any dispute or difference arising out of or in relation to this Agreement (“Dispute”) within 15 (fifteen) days from the commencement of such Dispute. In the event the disputing parties fail to resolve the Dispute within the period of 15 (fifteen) days, the Dispute shall be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted by a sole arbitrator mutually appointed by the disputing parties. If the Parties have not been able to appoint the sole arbitrator within 3 (three) weeks from the service of notice of arbitration, then either Party may apply to Mumbai Centre for International Arbitration (“MCIA”) for appointment of a sole arbitrator, in accordance with the provisions of the Arbitration Rules of the MCIA (“Rules”) (which Rules are deemed to have been incorporated herein) for the time being in force. All proceedings of such arbitration shall be conducted in accordance with the Rules and the proceedings along with the arbitration award shall be in the English language. The seat of the arbitration shall be Mumbai. The award in the arbitration will be final and binding on the Parties. During the pendency of arbitration proceedings, each Party shall continue to perform its obligations under these Terms, to the extent possible. Subject to the seat stipulated hereinabove, the Parties may choose to have hearings over video conferencing.
The Parties agree that in the event of arbitration proceedings, all evidence admissible for the arbitration proceedings shall be of a documentary nature and no oral evidence shall be led by the Parties during the proceedings.
15. Refusal of Shipments
(a) You hereby agree and acknowledge that uParcel may decline to deliver any item where:
(i) the application for delivery does not comply with the Standard Terms and Conditions stipulated herein;
(ii) you fail to accurately describe and declare the contents of the Delivery Item;
(iii) the packing of the Delivery Item is deemed unacceptable for delivery;
(iv) delivery is prevented, impeded or otherwise made unsafe or difficult by reason of unforeseen events such an act of God or event of force majeure; or
(v) you request any change to the scope of the uParcel Service to which uParcel does not agree to in writing;
(vi) uParcel is of the opinion that it is unable to deliver any item safely or legally including without limitation the following items; (a) Explosives, firearms or other offensive weapons, flammable, hazardous or radioactive materials, poisonous or infectious substances, blood or blood products (whether infectious or not), dangerous or undesirable goods and all items prohibited by the IATA (International Air Transport Association), the ICAO (International Civil Aviation Organization), Department of Wildlife and Drug & Cosmetics Act or any relevant government authority, or under any applicable law or regulation; (b) Human or animal remains, memorial tablets or any items for use in religious ceremonies; (c) Live animals; (d) Credit cards, debit cards or cash cards; (e) Currency, cheques, bills or any bearer form negotiable instruments; (f) Share certificates or other documents evidencing title to securities; (g) Personal documents issued by government authorities such as identification cards, passports, driver’s licences, birth certificates etc.; (h) Original copies of any record, drawing, document or electronic recording of which duplicates or copies have not been made and kept by you; (i) Documents containing a substantial amount of confidential information; (j) Precious metals and stones; (k) Illegal narcotics or drugs; (l) Pornography materials (m) Gambling Devices: Lottery tickets and gambling devices where prohibited by national, provincial, state or local law; or (n) Any package (or its contents thereof) of a value exceeding INR 50,000.
(b) In the event that uParcel discovers during the course of delivery that a Delivery Item consists of any goods, items, products or materials referred to in Clauses 14(a)(vi)(a), (b) or (c), uParcel reserves the right to dispose of the Delivery Item forthwith and shall notify you of the disposal within a reasonable period from the disposal. You shall bear any costs incurred or charges imposed by uParcel in connection with such disposal.
(c) Frozen food, perishables, food items are not covered by insurance.
16. Cancellation Policy
(i) Cancellation of Delivery by the Client
(a) The Client is not obliged to accept any of the Service Fees and may cancel their Delivery Request, without cost, provided that no Delivery Request acceptance has been made.
(b) Once the Client confirms a Delivery Request acceptance, the Client may cancel the Delivery Request, provided that the Participating Provider has not collected, or attempted to collect, the parcel from the Sender. A cancellation fee of 50% of the Service Fee will apply.
(c) Any cancellations made within 30 minutes from the pick-up time of the parcel by the Participating Provider will incur a cancellation fee of 50% of the Service Fee.
(d) Once the parcel has been collected by the Participating Provider, the Service Fee or a Delivery Request could be changed only by contacting uParcel India and Client will be charged a new delivery fee.
(e) In the event that the Delivery Request is cancelled by the Client after collection of the parcel by the Participating Provider, the Participating Provider will organize a Delivery to the Collection Address (reverse process) so that the Participating Provider can return the parcel to the Client. The cost of delivery will be calculated as if the returning point is the additional waypoint and Client (sender) is the current Recipient.
(f) In the event that the Delivery Request is not accepted by any of our Participating Providers and the Delivery Request expired, a full refund of the amount paid will be made to the Client.
(ii) Cancellation of Delivery by the Participating Provider
The Participating Provider may only cancel a Delivery Request in the following cases:
(a) If the parcel differs from the description and/or dimension given in the Delivery Request;
(b) If the parcel has no packaging or is insufficiently and/or dangerously packaged;
(c) If the parcel is not labelled correctly;
(d) If the parcel contains a Prohibited or Excluded Item listed under Clause 14(a)(vi);
(e) If the Participating Provider cannot execute the Delivery without communicating with the Client / Sender / Recipient and is unable to connect with the Client / Sender / Recipient on the telephone numbers provided.
The cancellation made by the Participating Provider for the aforementioned reasons must be considered as cancellation by the Client and the cancellation fee shall be billed to the Client.
17. Charges and Refund Policy
(a) In consideration of uParcel’s provision of Service, you shall pay to uParcel such amount of fees as determined by uParcel upon your application for use of the uParcels' service. The schedule of Fees prevailing from time to time can be found at http://www.uparcel.in/rates.
(b) uParcel reserves the right to claim the Fees from the addressee of the Delivery Item upon delivery.
(c) There will be no refund of the Fees once paid to Uparcel, save in cases of damage to the Delivery Item which Uparcel deems significant.
(d) Credit top ups are only valid for 12 months from the top up date. There is no refund upon expiry of credits.
(e) Requests for a refund can be made by writing to express@uparcel.in
18. Liability
(a) uParcel shall not be liable for loss or damage arising from or in connection with: (i) the delivery of any of the articles set out in Clause 14.a(vi) (where uParcel was not aware that the contents of a Delivery Item comprised or included such articles); (ii) your failure to specify any special precautions to be taken in respect of a Delivery Item, as required under Clauses 17, on the address label, consignment note, waybill and/or invoice; (iii) the misalignment, wear and tear, rearrangement, heat, mould, rot, discolouration, degeneration, explosion, ignition or the hazardous, perishable, corruptible, fragile, or brittle nature of the contents of the Delivery Item; (iv) delay or confiscation by any government authority due to the discovery of prohibited contents of the Delivery Item; (v) uParcel’s failure to perform any of its obligations hereunder as a consequence of circumstances outside its control, including without limitation any act of God such as weather conditions, flood or earthquake, work stoppages, strikes, industrial disputes, war, any act of government, accidents, traffic obstructions or congestion, mechanical breakdown, or other events of force majeure; or (vi) any acts or omissions of any party other than uParcel, including without limitation you, the named addressee, any government official or any sub-contractor engaged by uParcel (whether or not you had notice of any arrangement between uParcel or such sub-contractor).
(b) uParcel shall not be liable for indirect or consequential loss or damage, including without limitation loss of profit, income, interest, future business or anticipated savings, even if the risk of such loss or damage was brought to uParcel’s attention before or after acceptance of the Delivery Item.
(c) uParcel shall not be liable for delay or non-delivery of a Delivery Item arising from or in connection with the detention of the Delivery Item by any government authority.
(d) For the avoidance of doubt, uParcel shall not in any way be liable or responsible for a Delivery Item prior to the Delivery Item being accepted by uParcel for delivery.
(e) uParcel's total liability in respect of any shipment shall be limited to its actual cash value but in any event, shall not exceed INR 5,000 (whichever is the lower). One shipment is defined as a delivery order with one unique order code and may include one or more stops. The customer shall not raise more than one claim for each shipment and settlement of such claim shall be a full and final settlement for all loss or damage in connection with the such shipment. All insurance claims, if there are extended insurance purchased from uParcel must be reported within 3 working days from the date of delivery completion. If the customer considers these limits as insufficient to protect itself or the shipment, then it must make its own insurance arrangements or purchase extended insurance, failing which the customer shall assume all risks of loss or damage in respect of the shipment.
19. Customer's Obligations
(a) You shall ensure that the Delivery Item is packed in a case, wrapper or container appropriate to the nature and weight of the Delivery Item such that no part of the Delivery Item may be removed without the case, wrapper or container being torn or broken, a seal being broken or two adhesive surfaces being forced part. In the event that packing of the Delivery Item is deemed by uParcel to be unsuitable for transportation, you shall, upon notification by uParcel, re-pack the Delivery Item in a suitable case, wrapper or container, failing which uParcel will re-pack the Delivery Item at your expense
(b) You shall ensure that the Delivery Item is adequately packed so as to protect against damage to the Delivery Item during the course of delivery; and (i) (in the case of a Delivery Item of a fragile nature) that the Delivery Item shall be packed in a case or container of sufficient durability and strength and shall be encased in or surrounded by sufficient and suitable protective material inside that case or container such that the Delivery Item is guarded against damage that may result from any force, pressure or blows to which postal items are ordinarily subject during the course of delivery and that such Delivery Item shall bear the words "FRAGILE" prominently displayed in capital letters on the face of the case or container and above the address of the named addressee; and (ii) (in the case of a Delivery Item which is susceptible to damage by bending) that the Delivery Item shall be packed in a case or container of sufficient durability and strength to prevent the Delivery Item from being bent or otherwise damaged during the course of delivery and such case or container shall bear the words "DO NOT BEND" prominently displayed in capital letters on the face of the case or container and above the address of the named addressee.
(c) You shall state on the address label in respect of each Delivery Item all information required in the address label, consignment note, waybill and/or invoice, including without limitation: (i) Your name, address (including the postal code) and telephone number; (ii) The addressee’s name, delivery address (including the postal code) and telephone number; (iii) The Preferred Delivery Date and Preferred Time Zone; (iv) Description of the contents of the Delivery Item; and (v) Special precautions to be taken in respect of the Delivery Item e.g. "FRAGILE", "PERISHABLE", "DO NOT BEND" etc.
20. Participating Provider's Obligations
(a) The Partnering Provider shall have the sole responsibility for any obligations or liabilities to, Clients or third parties that arise from its provision of Delivery Services.
(b) By using the uParcel Services to receive and accept Delivery Requests and by providing the Delivery Services to the Client, the Partnering Provider accepts, agrees, and acknowledges that a direct legal relationship is created and assumed solely between the Partnering Provider and the said Client.
(c) uParcel India shall not be responsible or liable for the actions, omissions, and behaviour of the Client in or in relation to the Partnering Provider at the time of providing Delivery Services.
(d) The Partnering Provider where such Partnering Provider shall be providing the Delivery Services by driving a vehicle, shall possess at all times, a valid and legal driving license and comply with all documentation requirements and processes set up by uParcel India (including but not limited to a driver’s license, Registration Certificate Book, insurance and Pollution Under Control (PUC), vehicle fitness and any other statutory document as applicable). All documents shall be correctly completed and handed over by the Partnering Provider to uParcel India and updated copies if any, shall also be furnished to uParcel India at the earliest after updating such documentation.
(e) The Partnering Provider shall be disciplined and follow good order and shall be fit for the purpose of rendering the Delivery Services.
(f) The Partnering Provider shall not be under the influence of alcohol or drugs while delivering the Parcel to the Client or using their vehicle to complete such Delivery Request.
(g) The Partnering Provider shall be accountable to uParcel India for all Delivery Requests undertaken by the uParcel through the acceptance of requests on the Site or App.
(h) The Partnering Provider shall ensure that no parcel other than the parcel received for Delivery from the Clients shall be delivered by the Partnering Provider.
(i) The Partnering Provider represents and undertakes to procure that it shall comply with, adhere to and observe the terms and conditions set forth in this Agreement, and all applicable laws, regulations, rules, statutes or ordinances governing or otherwise relating to uParcel Services. To the extent required, the Partnering Provider hereby agrees and ensures that the rights, covenants, undertakings, representations and obligations of the Partnering Provider shall apply to, and be assumed, accepted and taken over by the Courier.
(j) In the event of the Courier is found to have indulged in theft of the Goods while providing the Delivery Services or is otherwise found indulging in any illegal activity or misconduct/inappropriate behaviour, uParcel India shall be entitled to take immediate corrective action including but not limited to lodging police complaint/FIR (First Information Report) and termination of such Partnering Provider's Account. In case uParcel India suffers any financial loss by way of a penalty or damages levied on uParcel India either by its Clients or any entity or any other authority, which in uParcel India’s opinion, may be attributed to misconduct or inappropriate behaviour of the Partnering Provider, the Partnering Provider shall indemnify uParcel India for such loss on demand. Without prejudice to other rights and remedies available, uParcel India shall be entitled to deduct the total value of the parcel from the Fee payable to the Partnering Provider. Such Partnering Provider shall be blacklisted by uParcel India and shall not be permitted to act as a Partnering Provider.
(k) The Partnering Provider undertakes that it will, safeguard, protect and keep the Partnering Provider ID at all times, keep it confidential and safely stored and shall not disclose it to any person other than those who need to have access to the Partnering Provider ID in order to render and/or provide the Delivery Service.
(l) The Partnering Provider undertakes that it will, safeguard, protect and keep the Client Information received from uParcel India and the details of any Delivery Request, at all times confidential and shall not disclose it to any person or store the information in any manner, except as required by law.
(m) The Partnering Provider shall inform the uParcel India if he no longer fulfils one or more conditions required to carry out Deliveries, e.g., in the case of suspension/withdrawal of one or more of the documents, within a period of twenty-four (24) hours after occurrence of the event.
(n) The Partnering Provider will immediately notify uParcel India of any actual or suspected security breach or improper use of the Device, the App, the Partnering Provider ID, the Content or of the Client’s information.
(o) The Partnering Provider perform the Delivery Services in a sober and industrious manner based on applicable industrial standards.
(p) The Partnering Provider shall not indulge in a rude behaviour/misbehaviour with Clients at the time of completing Delivery Request.
21. Claims
(a) Any claims for damage to the Delivery Item must be made within 14 days from the date on which uParcel accepts the Delivery Item for delivery, failing which uParcel shall have no liability whatsoever.
(b) Any claims for loss of the Delivery Item must be made within 14 days from the Preferred Delivery Date in respect of that Delivery Item, failing which uParcel shall have no liability whatsoever.
(c) All claims must be made in writing, accompanied by the original consignment note, waybill, relevant invoices and receipts and other supporting documents requested by uParcel and submitted to our email/registered address.
(d) Claims are limited to one claim per Delivery Item, settlement of which shall be full and final settlement for all loss or damage in connection therewith.
(e) Without prejudice to Clause 16 and provided that uParcel is satisfied that your claim is justified, uParcel's liability for any loss of or damage to the Delivery Item shall be limited to the value of the Delivery Item's cost price and must be supported with an invoice or proof of value.
(f) In the case of damage to the Delivery Item, the amount of compensation by uParcel's agent shall be based on uParcel’s assessment of the extent of the damage to and the actual value of the contents of the Delivery Item provided always that the amount of compensation shall not exceed the Compensation Limits. In the case of loss of or damage to the Delivery Item, uParcel shall have the option of either replacing the Delivery Item or making monetary compensation within the Compensation Limits.
(g) Save in cases of a delivery failure, uParcel's liability for any loss or damage arising from uParcel's failure to deliver a Delivery Item by the Preferred Delivery Date shall be limited to the amount of the Fees charged in respect of that Delivery Item.
22. Payment of Participating Providers
(a) Participating Providers who uses the app to accept delivery jobs and perform deliveries, authorizes uParcel to collect payment on their behalf.
(b) Payment collected on behalf will be settled to the Participating Providers every 2 weeks.
(c) Participating Providers who uses the app agrees to the 20% commission which is payable to uParcel. The commission will be deducted from the gross amount shown in the app.
23. Withholding of Participating Providers or Delivery Agent''s pay
(a) uParcel reserves the right to withhold the Participating Providers' payment if there is any breach of terms and conditions, complaints from customers, missing or damaged parcels or for cases involving police investigation.
(b) In any cases of compensation or liability arising from missing or damaged parcel, uParcel reserves the right to deduct the compensation from the Participating Providers' payment before final disbursement.
24. Statutory Right
These Terms do not remove any statutory right which you have as a consumer which cannot be excluded.
25. Grievance Officer
In accordance with the Information Technology Act, 2000 and rules made thereunder, Consumer Protection Act, 2019 and Consumer Protection (E – Commerce Rules), 2020 and rules made thereunder, the name, contact details and designation of the “Grievance Officer” are provided below:
Name: Bhisham Aswani
Email: express@uparcel.in
Duration: within 48 hours of the issue’s receipt and redress the same within 1 month of the date of receipt of the grievance.
In the event of any questions or comments or complaints (including any inquiries or issues related to use of a trademark, trademark, or copyright infringement) raised by the Client, regarding the Site, App or uParcel Services, the same shall be acknowledged and redressed by the Grievance Officer within the timelines specified under applicable laws.
26. Insurance and Damage Coverage
Insurance and Damage Coverage is not applicable unless the Client makes a payment for the insurance by declaring the value of the parcel. Client will be charged 1% of the declared value of the goods. Delivery fee may only be refunded via credits on a goodwill basis.
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Extended Insurance does not cover indirect loss or damage, or loss or damage caused by delays.
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Protection is effective from the point the authorised uParcel agent has control or possession of the parcel until the time of delivery. Physical loss or damage of goods is covered, subject to specific limitations and exclusions in point 3.
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Limitations and Exclusions
Extended insurance does not cover the following:
A) delay;
B) ordinary leakage;
C) loss in weight or volume, or wear and tear of the shipment;
D) loss, damage or expense caused by insufficiency or unsuitability of packing or preparation of the shipment;
E) loss, damage or expense caused by inherent vice or nature of the shipment;
F) loss, damage or expense attributable to the willful misconduct by the customer or its agents;
G) loss, damage or expense caused by delay;
H) loss, damage or expense arising from the use of any atomic or nuclear weapon or radioactivity.
I) Prohibited and restricted item list from point 4.
J) Perishable items (e.g eggs, flowers, cakes, plants, flower seeds, medicine etc)
K) Any items that by their inherent nature are particularly susceptible to damage are excluded from compensation in the event of damage on all services (Collectable toys and action figures, ceramics etc)
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Restricted Item List
A) Cash, stock, bills, Gold, Bullions and other marketable securities
B) Human remains and altars
C) Firearms and Swords
D) Pets and other small animals
E) Items that exceed uParcel’s size specifications
F) Examination certificates, insurance documents and passports which cannot be reproduced.
G) Written Flammable or volatile items such as fireworks, kerosene, gas canisters, and paint thinner, drafts, tapes and film material which cannot be reproduced.
H) Poisonous or toxic substances.
I) Single parcel with a value that exceeds INR 50,000
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Basis of Loss Settlement
A. Cover is limited to the value declared by the shipper, replacement cost, invoice value or actual cash value whichever is the lowest. Evidence is required to substantiate the declared value in the event of a claim.
B. In the event of a total loss of your shipment, if you have declared the value of your order and paid the 1% insurance, you will also be entitled to a refund of the shipping charge. In the event of a partial loss, you will be entitled to a refund of the relevant proportion of the shipping charge.
C. When more than one parcel or shipment that is covered is subject to loss or damage arising from a single event, the maximum aggregate compensation for all such shipments is limited to INR 5000.
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Making Claims
A. If you wish to make a claim, you should always notify uParcel Customer Service as soon as possible, but in any event, no later than 3 calendar days from the date that Uparcel has collected or dropped off.
B. To make a claim for a damaged parcel, please provide:
(i)Proof of Value - A receipt or invoice showing the contents of your parcel and its value.
(ii)Photos of the Damage - Please ensure you show the item and where the damage has been sustained clearly.
(iii)Photos of the Packaging - Please ensure you show all the packaging that was used to protect your items during the delivery, including the area where the damage occurred. Please also keep all packaging until the claim is resolved as some couriers ask to see this during the investigation.
(iv)Email us at express@uparcel.in to make a claim.
C. A member of the claims team will then review the claim and, if any additional information is needed, they will request this from you by email. Please ensure you respond within 5 working days or your claim could be rejected.
D. Once all required information is received, we will contact the courier directly to investigate the claim. Due to the timescales of the courier, the typical response time is 4 weeks however in some situations the time frame can be much longer.
E. We will do everything we can to speed up the process and have the claim settled as quickly as possible for you. Once the claim is resolved, we’ll advise you of the outcome by email.