Definitions

These definitions are applicable throughout this document unless the context indicates otherwise. The clause headings in these QIKPOD T&C are only for convenience and do not affect the meaning of the relative term.

“QIKPOD T&C”: refers to this document titled ‘QikPod Terms & Conditions Agreement’.

“QIKPOD”: refers to LeapMile Logistics Pvt. Ltd., a company incorporated under the laws of India (which expression, unless repugnant to the context, shall include its successors and permitted assigns),also operating under the QikPod branding and having its corporate office at No.6,2nd Cross, Byappanahalli Layout, Bangalore - 560038, Karnataka (India).

"QIKPOD Locker" or “QIKPOD Robot”: refers to all models of electronic parcel locker, both manual and automated, which are used to receive, temporarily store, deliver Parcels / goods and to access related services. The primary function of the locker is to provide a convenient self-service parcel delivery mechanism for customers who make merchandise purchases at e-Commerce websites and marketplaces or at retail stores.

“QIKPOD PUDO”: refers to a location designated by QIKPOD where parcels can collected or returned by customers and where other related services maybe offered.

“QIKPOD Services” or “Services”: refers to Parcel pick-up & drop-off services, hardware products and software products provided by QIKPOD, including by means of QikPod Websites, QikPod Lockers, mobile applications, interactive interfaces and any related offering or services provided from time to time by us or jointly by our QIKPOD partners. This may include, but not be limited to, parcel tracking services, locker reservation services, customer service request services, payment processing services, online transaction engines, analytical tools, blogs, news, and social media trackers.

“QIKPOD Website”: refers to "www.qikpod.com”, which is owned, operated and maintained by QIKPOD, where customers can register, access and monitor their parcels delivered via the QIKPOD Services.

“Client” or “User” or “Customer”: refers to any users of any QIKPOD Services, QIKPOD Locker or QIKPOD PUDO.

“Account”: refers to the account created by a user when registering to use QIKPOD Services and against which any applicable fees will be charged.

“Agent”: refers to any person delegated or authorized to handle parcel pickup or delivery on behalf of the addressed recipient or shipper.

"Parcel": refers one or more articles, goods or merchandise typically packaged together inside a box, bag, casing, or other form of covering that is presented, deposited, stored into a QIKPOD Locker. Parcels may be presented to QIKPOD or deposited into or retrieved from a QIKPOD Locker on your behalf by any third party including a courier, mailroom or security staff, delivery service, carrier, postal operator or even another customer in the case of certain person-to-person services and transactions.

In this QIKPOD T&C document, unless the context indicates otherwise, "we", "our" and "us" refer to QIKPOD, our subsidiaries, employees, agents and independent subcontractors. "You" and "your" refer to any individual or corporate body or company or logistics partner, its employees, or agents, who use the service of QIKPOD. All references to singular include plural and vice versa and the word "includes" should be construed as "without limitation". All references in masculine gender will also include the feminine gender and vice versa.
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Operational Terms & Conditions

These terms & conditions (the “QIKPOD T&C”)govern your use of all QIKPOD Services. You signal your agreement and will be legally bound by these terms for both yourself and where you act as an agent on behalf of others when you electronically accept the QIKPOD T&C, or through your usage of any QIKPOD Services, or usage of any QIKPOD Locker, or usage of any QIKPOD PUDO, or use of any QIKPOD mobile applications, or usage of any QIKPOD websites, or usage of a QIKPOD Locker secure access code provided via email or SMS or other means, or by your registration for any QIKPOD Services either directly or via a partner service.

These Terms of Use constitute a valid and legally binding agreement between you and QIKPOD. All QIKPOD software, applications and products are being provided to you as a service on a revocable, limited, non-exclusive, and non-transferable license basis.

If you use any QIKPOD Service on behalf of a business, that business accepts these QIKPOD T&C. If you do not wish to accept any of these terms & conditions or do not wish to enter into this agreement, please do not submit your information to QIKPOD and refrain from any use of all QIKPOD Services.

We are entitled to perform any of our obligations by ourselves or by any subcontractor or partner. In the absence of agreement to the contrary, any contract to which these QIKPOD T&C apply is made by us on our own behalf and on behalf of any relevant subcontractor or partner who shall in addition be entitled to the benefit and offered due protection as provided for in QIKPOD T&C.

Notifications, Accurate Registration &Identity: When you register through the QIKPOD application or QIKPOD website or QIKPOD partner website or application in order to access and use QIKPOD Services, you must provide QIKPOD with accurate, complete and up-to-date information as requested by the application or website. It is your responsibility to inform QIKPOD of any changes to that information.

QIKPOD may use the registration details from your account or information supplied to us by partners to confirm your identity. Some QIKPOD Services may require additional forms of identification or require you to undertake a further identity check. When the relevant address or photoidentification details do not match your registration details, QIKPOD may not be able to confirm your identity and in such circumstances, QIKPOD reserves the right to deny or delay your access to QIKPOD Services.

QIKPOD will let you know when a parcel has been dropped off to either a QIKPOD Locker, or to a QIKPOD PUDO by using the email address and/or mobile phone number associated with your registration, parcel or as provided by the partner. This QIKPOD notification will inform you of the timeline within which you need to collect the parcel and any fees or COD payments due. You acknowledge that if you choose not to receive communications from QIKPOD or have TRAI mandated DND (Do Not Disturb) turned on, you won't be able receive such notifications and this may hinder your usage of QIKPOD Services.

Tracking services in relation to parcels using the QIKPOD network will be provided using the email address and / or mobile phone number you have selected to receive tracking and other notifications. You warrant to us that the email address and/or mobile phone number you supply are your correct email address and/or mobile phone number or that you have the authority and consent of the owner to use and supply the email address and/or mobile phone number to us. On registration of an email address, an email may be sent containing a confirmation link to confirm the validity of that email address. You must always have at least one nominated email address and mobile phone number registered with QIKPOD at any time.

Where QIKPOD is supplied information from a participating merchant that does not exactly match your registered details, or where you supply an addressee's details and they do not match the addressee's registered details, we may not be able to track the parcel delivery or you or your addressee may not receive complete or accurate tracking information or notifications.

Instruction Compliance: When you use any QIKPOD Services, you must comply with all reasonable instructions and user guidelines issued by QIKPOD in respect of those Services, including any signage at the QIKPOD Locker or QIKPODPUDO location.

3PL & Carrier Usage: QIKPOD only accepts suitable parcels from authorized agents of 3PL, logistics and commercial partners that are properly addressed. To lodge parcels for delivery in the QIKPOD network, carriers musts pay QIKPOD applicable fees for use of the service. It is up to the carrier to decide if they wish to leverage the QIKPOD facilities.

Shared Locker: You will not receive a dedicated QIKPOD Locker or QIKPOD Locker access code as part of the QIKPOD Locker Service. Subject to the other provisions in these QIKPOD T&C, a parcel addressed to you will generally be placed in an appropriately sized QIKPOD Locker at the QIKPOD location that you have nominated where available or a similar close by location if capacity is unavailable at your nominated location.

Multiple Parcels: If you wish to drop off more than one parcel in a QIKPOD Locker, you will need separate Parcel Locker reservations for each parcel and obtain an access code for each parcel. You are not permitted to use a single reservation for multiple parcels.

Availability: While some QIKPOD Lockers have 24/7 access and are open to the general public, some do not offer24/7 access and/or public access and QIKPOD shall not be responsible for the same. You need to ensure that the QIKPOD Locker you select for use is a location where you have physical right to access that locker location. QIKPOD reserves the right to change the availability times and access policy for access to any QIKPOD Locker at it’s absolute discretion.

Transfer or Removal of Parcel: QIKPOD reserves the right to remove from service or remove physically any QIKPOD Locker at any time at its absolute discretion, whether due to operational reasons or any other reason whatsoever.

Suitable Articles: QIKPOD reserves the right to refuse any article dropped off in a QIKPOD Locker, at its absolute discretion, including, but not limited to, where the article or parcel: (a) is not a prepaid (Cash or Card on Delivery options are not currently offered) delivery; (b) is of weight 15kg or less and has dimensional size no larger than the maximum dimensions of the QIKPOD Locker as may be notified by QIKPOD from time to time; (c) is unsuitable for delivery via a Parcel Locker Service, because requires the sender to confirm their identity at the time of lodging a parcel; (d) is not suitably packaged, is damaged; (d) does not comply with our Parcel Locker Service conditions or instructions that we may publish or notify to you from time to time, including on any signage at a Parcel Locker location; (e) is addressed incorrectly (for example, the name of the addressee, and the customer number or Parcel Locker address, do not match); You warrant that articles contained in any Parcel delivered to us by you or on your behalf by any third party are acceptable for transport, delivery, temporary storage and receipt by us, that the Parcel is properly marked with a valid ID and addressed and that any Parcel is adequately packed to ensure safe delivery and transportation with ordinary care and handling.

Banned Items: Prescription Medicines, Money, Security papers, jeweler, gemstones, expensive or precious watches, items of high value, antiques, art, weapons, ammunition and other explosive or flammable materials, which could cause health or life risks, as well as material damages, controlled substances, narcotics and psychoactive substances, articles with excessively short shelf life or requiring special transport conditions, animals and plants, all items whose storage or transport is banned in accordance with statutory law, gases, fragile and brittle items, bullion or precious metals of any kind, heirlooms, items of significant sentimental value or nature, age restricted materials, lottery tickets, pornography, obscene material of any kind, tobacco or alcohol, items restricted by regulatory authorities, dangerous goods which may cause harm or damage if leaked or spilled, liquids, contraband materials, counterfeit articles, perishables, items with a strong odor, contaminants, and living creatures of any kind. We exclude all liability for such Parcels listed as Banned Items howsoever accepted (including acceptance by mistake or under notice). We may change this list of prohibited items from time to time without prior notice or consent being sought from you.

Handling of Unsuitable Parcels: Any parcel failing to meet the QIKPOD guidelines is deemed unsuitable for the QIKPOD Locker Service. You will be notified of any unsuitable parcel, using the email address and/or mobile phone number you have selected to receive tracking and other notifications, and such parcel will be handled as follows: (a) unsuitable parcels dropped off in our network may need to be collected by you from a designated QIKPOD PUDO; (b) unsuitable parcels addressed to you for collection will be scanned as awaiting collection at a designated QIKPOD PUDO for you to collect over the counter; (c) any packages that are uncollected after a one week waiting period will be deemed abandoned and disposed off at the earliest via whatever process QIKPOD deems fit.

Inspection Rights: Your Parcel(s) may, at QIKPOD’s option or at the request of government or of any regulatory authority or host facility staff, be scanned, opened and contents inspected even before accepting it for dispatch or storage. QIKPOD is under no obligation to make good or compensate you in respect of any damage or delay thereby caused to a Parcel or its contents.

Availability & Guarantees: The QIKPOD Locker Service is offered subject to availability at a given time. You acknowledge and agree that, to the extent permissible under law, we do not guarantee, warrant or represent that: (a)there will be, at any given time, sufficient numbers of appropriately sized QIKPOD Lockers at our facility that you've nominated as your preferred location to ensure that your parcel can be dropped off in or collected from that QIKPOD Locker; or (b) QIKPOD Lockers at any given facility will always be in service or otherwise available for use.

Parcel Relocation: If you don't collect your parcel from a QIKPOD Locker by the date and time specified in the notification we give you, the parcel will be removed from that QIKPOD Locker to a central storage location which will most likely be a QIKPOD PUDO location. If you don't collect your parcel from that new location within 72 hours thereafter or the time specified in the notification, the sender will be notified to collect the parcel. If the sender fails to collect the parcel within 72 hours after being notified, the parcel will be disposed of in whatever manner we deem fit. In all cases, the applicable fees for all QIKPOD LOCKER use, storage at QIKPOD PUDO, handling charges and any other expenses incurred will be applicable and payable prior to release of the parcel.

No Signature On Delivery: By using the QIKPOD Locker Service to send or receive a parcel, you agree QIKPOD will not obtain or require evidence of a signature to prove delivery of the parcel. The entry on the locker of a recipient’s or courier’s unique secure access code transmitted to their registered email or SMS or mobile app will suffice as evidence of delivery.

Application of Fees: QIKPOD reserves the right to apply fees (or vary then-current fees) for the provision and or use of any QIKPOD Services. If we determine that a fee should apply and be modified, QIKPOD will give you reasonable notice (such as by app notification, SMS, email or on the QIKPOD Website) of the fee that will be payable and the date on and from which that fee (or the varied fee) will apply. All sums shall be paid to us immediately when due without deduction and payment shall not be withheld or deferred on account of any claim, counterclaim or set-off. The applicable fees may be payable prior to service performance or in arrears, the latter, however, is offered solely to specific senders on the basis of a separate supplemental agreement. Your continued use of the services following the date QIKPOD introduces or increases any fee will mean you accept and agree to pay the relevant fee in consideration of the continued provision of the Services.

Legal Terms & Conditions

No Warranty or Guarantees: You acknowledge and agree that, to the extent permitted by law: (a) QIKPOD makes no representations, warranties or guarantees in relation to the availability, continuity, reliability, accuracy, currency or security of the Services, or any internet service provider services, unless specifically stated otherwise; (b) QIKPOD will not be liable if the Services, or any information obtained via the Services, are inaccurate, outdated or incorrect; and (c) QIKPOD are not liable if the Services are unavailable for any reason, including as a result of: (i) a telecommunications interruption, delay, bottleneck, failure or fault; (ii) negligent, malicious or willful acts or omissions by third parties (including our third party service providers);(iii) maintenance or repairs of the systems used in connection with the provision of the Services carried out by us or any third party service provider; (iv) any circumstances outside our reasonable control; or (v)services provided by third parties becoming unavailable.

Integrity, Accuracy and Retention of Data: You acknowledge and agree that, to the extent permitted by law, QIKPOD make no representations, warranties or guarantees in relation to the integrity of the Data or length of time the Data will be retained by QIKPOD. In order to provide the Services, we need to collect, store and access certain information and Data from you, including information and data with respect to third parties, such as your selected retailers and addressees (Supplied Information). You warrant to us that you have the appropriate authority and consent to provide the information to us, and for us to use that information to provide the Services and to deliver customer support, transmit business communications with customers on regular basis, perform statistical and other analyses that are relevant to our business purposes. We may obtain and retain on record photographs and scans of any Parcels delivered (whether or not accepted)as evidence of the condition of Parcels when they are delivered or while they remain in our care. We may obtain photographs of the person(s) receiving and sending Parcels at any locker. The photographs may be used as evidence (in the event of a claim or dispute) that a Parcel was received (or sent) and / or to determine the condition of a Parcel when it was received (or sent). You acknowledge and agree we may share Supplied Information with those involved in the delivery of services including our partners. QIKPOD is not responsible for the consequences arising out of erroneous information supplied by the Client or the User through any means of communication, use of website services, mobile applications or lockers. If the Client suspects that there is an error in the information supplied to QIKPOD by it, it shall advise QIKPOD as soon as possible. QIKPOD will endeavor to correct the error wherever possible on a ‘best efforts’ basis.

Intellectual Property Rights: If we provide you with computer software, the following applies: (a) all copyright, trade marks, know how and other intellectual property rights in the software (including any device(s) upon which the software is stored) are and shall remain at all time sour exclusive property; (b) you shall keep confidential the software, shall not copy the whole or any part of the software (save for security back-up copies as permitted in writing by us) and shall not without our prior written consent, modify, merge or combine the whole or any part of the software with any other software or documentation; (c) we shall have no liability in respect of, and you shall indemnify us for, any consequence, whether direct or indirect, of any failure by you or on your behalf to comply with operating instructions in respect of any software supplied by us to you. We accept no liability for any consequences of any incompatibility between our software and your hardware and/or software. (d) it is your responsibility to ensure the input of accurate information by you or on your behalf and we shall be under no obligation to check such accuracy. The cost of rectification of any inaccuracies or their consequences shall be borne by you. “QIKPOD” and any associated domain names and marks are the sole and exclusive properties of Leap Mile Logistics Private Limited and no license or other right is given to you in respect thereof.

Liability: We will strive to perform our duties with a reasonable degree of care, diligence, skill and judgment. You acknowledge that while we will use reasonable endeavors to provide accurate track advice notifications as part of the QIKPOD Service, we do not guarantee you will receive any or all track advice notifications or track advice notifications in the correct order. To the maximum extent permitted by law and notwithstanding anything to the contrary in this Agreement: (a) we exclude all liability whatsoever to you or any other person (whether in contract, tort or otherwise and whether or not advised of such liability) for any claim, proceeding, obligation, loss, damage, expense, cost or liability of any kind whatsoever that may be suffered by you or a third party or made against you or a third party as a result of any act or omission whether negligent or otherwise by or on behalf of QIKPOD in connection with the use of any of the QIKPOD Services or any other matter or thing relating to this Agreement; and (b) QIKPOD’s liability, including the liability of all its directors, officers, shareholders, employees and agents, howsoever arising from or in relation to this Agreement shall not exceed the replacement value of any goods stolen, lost or damaged or Rs 2,500 (Rupees Two Thousand Five Hundred) whichever shall be the lower. We shall be relieved of liability for any loss or damage if and to the extent that such loss or damage caused by natural causes, rioting, arson, civil disturbance, strike, lock-out, or any other cause or event which we are unable to avoid and the consequences of which we are unable to prevent despite the exercise of reasonable and due diligence. We accept no responsibility for departure or arrival dates or times of any Parcel and the goods contained therein. Further, you will comply with our loss claims process which may entail filing an FIR (First Information Report) to report loss or theft relating to the usage of QIKPOD Services to the police or relevant authorities. Any claim by you, a partner, a host, a recipient, a courier against QIKPOD arising in respect of any our services shall be made in writing and notified to us within 3 (three)days of the date upon which you became (or should have become) aware of any event or occurrence alleged to give rise to such claim. Any claim not made and notified as above procedure and timelines shall be automatically deemed waived and absolutely barred.

Indemnity: You indemnify QIKPOD(and all of it’s subsidiaries, officers, employees, contractors and agents)against all losses, claims, actions, proceedings, damages, costs and expenses(including legal fees) arising from any claim by a third party arising directly or indirectly out of or in connection with your actions and omissions under this Agreement including but not limited to: (a) your access or use of the Services; and (b) any breach by you of: (i) these QIKPOD T&C; or (ii) any Additional Terms applicable to providing a Service; or (iii) your violation of applicable law;(iv) claims and disputes between you, and your sellers, buyers, other service providers and third parties; (v) your use of the Services in relation to any Banned Items.

Notices: All notices given pursuant to any of these QIKPOD T&C must be given by letter. All notices to QIKPOD must be sent to it’s registered office. Any notices to you will be valid if sent to your last known home or place of business or to your registered office and if there is more than one such home or business, to anyone of such homes or places of business.

Arbitration: Any dispute, controversy or claims arising out of or relating to use of QIKPOD Services or the breach, termination or invalidity of these QIKPOD T&C, shall be settled by arbitration in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996. In the event of a dispute between the Client or User and QIKPOD with respect to any matter arising hereunder, an arbitrator shall be appointed by QIKPOD. The place of arbitration shall be Bangalore and any award whether interim or final, shall be made, and shall be deemed for all purposes between the parties to be made, in Bangalore. The arbitral procedure shall be conducted in English language and any award or awards shall be rendered in English. The procedural law of the arbitration shall be Indian law. The award of the arbitrator shall be final and conclusive and binding upon the Parties, and the Parties shall be entitled(but not obliged) to enter judgment thereon in any one or more of the highest courts having jurisdiction. Neither party shall seek to resist the enforcement of any award in India on the basis that award is not subject to such provisions.

Laws and Jurisdiction: QIKPOD’s performance of these QIKPOD T&C is subject to existing laws and legal process of the Republic of India only, and nothing contained in these Terms and Conditions is in derogation of QIKPOD’s right to comply with governmental, court and law enforcement requests or requirements relating to QIKPOD Services. If you do not comply with these terms, and QIKPOD does not take action right away, this does not mean that QIKPOD are giving up any rights that it may have (such as taking action in the future). The laws applicable in India, will apply to any disputes arising out of or relating to these terms or the Service. All claims arising out of or relating to these terms or the Service that are not subject to arbitration will be litigated exclusively in the courts of Bangalore, Karnataka, although QIKPOD shall have the right to apply for injunctive remedies or equivalent urgent legal relief in any competent jurisdiction. You and QIKPOD consent to personal jurisdiction in those courts.

Foreign Jurisdiction: QIKPOD accepts no liability whatsoever, direct or indirect, for non-compliance with the laws of any country other than that of India. QIKPOD at present does not offer services to customers located outside of India. The mere fact that the QIKPOD website or application or device can be accessed by a person in a country other than India would not mean that the laws of the said country would govern any matter related to this agreement.

About QIKPOD T&C: QIKPOD reserves the right to modify the terms of this Agreement or its policies relating to the Service or software at any time, effective upon posting of an updated version of this Agreement on the Service or software. We are constantly changing and improving the QIKPOD Services. You can stop using the QIKPOD Services at anytime and QIKPOD may also stop providing the Service to you, or add, delete or create new limits at any time. You are responsible for regularly reviewing this Agreement. Changes will not apply retroactively and will be come effective no sooner than 48 hours after they are posted. However, changes addressing new functions for the Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for the Service, you should discontinue your use of the Service immediately. These terms control the relationship between QIKPOD and you. They do not create any third party beneficiary rights. QIKPOD may, at any time, assign this Agreement and/or its rights and obligations under this Agreement to any entity, in its sole discretion. This QIKPOD T&C constitute the entire agreement between you and QIKPOD and any representation or statement not contained in this document is excluded and is not binding upon QIKPOD. No one is authorized to alter or modify this agreement except by signature of a QIKPOD company director.

The obligations of the parties under these QIKPODT&C shall survive the termination of any transaction. If any term or provision within these QIKPODT&C shall in whole or in part be held to any extent to be illegal or unenforceable, then such term or provision or part shall to that extent be deemed not to form part of these QIKPOD T&C and the enforceability of the remainder of these QIKPOD T&C shall not be affected. A failure or delay in exercising any right, power or privilege in respect of these QIKPOD T&C will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege. Except as provided in these QIKPOD T&C, the rights, powers, remedies and privileges provided in these QIKPOD T&C are cumulative and not exclusive of any rights, powers, remedies and privileges provided by law.

For information about how to contact QIKPOD, please visit www.qikpod.com

If you wish to make a complaint about QIKPOD’s Services please email support@qikpod.com. You shall not disparage QIKPOD or the Services by any means, including on social media. Any such disparagement shall invite legal action.

Inconsideration of availing the Services you shall pay QIKPOD such fees (“FEES”)as stipulated from time to time. While QIKPOD may offer some Services free of Fees for a period of time the same shall not preclude QIKPOD from charging Fees for such Services at any time QIKPOD deems fit. Unless stated otherwise, all Fees payable to QIKPOD shall be paid in advance of availing the Services. Fees shall exclude GST which shall be paid by you at rates applicable from time to time.

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