Delivery Boy Terms & Conditions
You may choose to perform any of the following services to Users and Pharmacy as per your choice and convenience. You may choose to perform these services on any day of the weekend for as long as you may wish for. When you click on the accept option upon a notification of a task, you expressly consent each time for providing your services to the User. You agree that You provide services directly to the User or Pharmacy, as the case maybe.
Transportation/ Delivery Services from Pharmacy Establishments. You acknowledge that the Users may place orders with Pharmacy listed on the Platform through the Platform to purchase products/avail services (“Items”) from the Pharmacy. In this regard, you shall provide transportation/delivery services from the Pharmacy establishment to the location specified by the User with respect to the transactions initiated by the User on this Platform (“Delivery Services”). Unless otherwise specified, you hereby agree that while performing Delivery Services pertaining to the Item from the Pharmacy to the User, you acknowledge that Hermesmeds is only a facilitator of the transactions that take place on the Platform and Hermesmeds shall not be a party to any transaction that is initiated on the Platform. You shall be responsible for safely delivering the Items to the Users or to any person as may be specified by the User.
Pick Up and Drop Off Services. You acknowledge that Users may initiate a transaction on the Platform by which You will be required to pick up packages/Items from a particular location and drop off the packages/Items at another location (“Pick Up and Drop Off Services”). You agree that before picking up of Item you shall ensure the packaging is not tempered, lose or broken. You further agree that before dropping off the packages, you shall take reasonable measures to ensure that the packages/Items are dropped off at the correct drop off location in original condition/packaging and handed over to the correct person. You shall be responsible for safely delivering the Items to the Users or to any person as may be specified by the User.
Purchase Items. You acknowledge that Users may initiate a transaction on the Platform by which You would be required to purchase any Item for the User (“Purchase Services”). It is hereby clarified and acknowledged by You that your services to the User is concluded only upon the Item being delivered to the User.
You further agree and acknowledge that for any of the Services mentioned above, you shall act as an agent of the User and act in accordance with the instructions provided by the User and Hermesmeds will not be responsible for the Item purchased or for any loss/damaged caused to the Item during transit.
Registration You shall be permitted to access the Platform, avail the Hermesmeds Services and connect with the Users and Pharmacys on the Platform, as the case maybe, to provide Hermesmeds Services only upon creating an Account and obtaining a registration on the Platform. Your ability to continue using the Platform, avail Hermesmeds Services and provide Hermesmeds Services is subject to Your continued registration on the Platform. To register, you are required to provide all required details as may be sought by Hermesmeds. It is your responsibility to provide all your current, updated, and requisite details. You shall be required to provide Hermesmeds, at the time of registration, forth with upon any revision, and at any time on Hermesmeds request, with information and documentary evidence pertaining to You, any authorizations that You may have, contact details and other details as requested by Hermesmeds. The document/information that Hermesmeds may need from Your end shall be intimated to You from time to time. Hermesmeds reserves the right to independently verify Your documentation from time to time in any way Hermesmeds deems appropriate in its reasonable discretion
Upon registration on the Platform, you will receive a Delivery Partner Identification Number (“Hermesmeds ID) The Hermesmeds ID is specific to You only. You are responsible for all Hermesmeds Services provided under the Hermesmeds ID allocated to You.
You will be responsible for maintaining the confidentiality of the Account information and are fully responsible for all activities that occur under Your Account. You agree to immediately notify Hermesmeds of any unauthorized use of Your Account information or any other breach of security. It is a good practice to exit from your Account at the end of every session. Hermesmeds cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by Hermesmeds or any other User of or visitor to the Platform due to authorized or unauthorized use of Your Account. Use of another Delivery Partner’s Account information for using the Platform is expressly prohibited.
Hermesmeds shall have the right to display the information provided by You on the Platform. You shall ensure that all the information provided by You is sufficient to give a clear description of Yourself and the Hermesmeds Services performed by You for the Users and is not false or misleading in any manner. Hermesmeds does not independently verify the information. Hermesmeds shall in no way be responsible or liable for the accuracy or completeness of any information provided by You.
Registration Fee. Hermesmeds may charge a non-refundable on boarding fee at the time of registration on the platform.
· When You are logged into Your Account on the Platform, Users’ requests for Hermesmeds Services may appear to You on Your Account on the Platform if You are available and visible in the vicinity of the task raised by the User. You have the choice to accept the request from the User. If you accept the User request for Hermesmeds Services, you will receive in an automated manner certain user information which may inter alia include the pick-up address, User’s name, item to be purchased, purchase location, pick-up/drop off location, contact information etc. (“User Information”).
· You hereby acknowledge and agree that once You have accepted a User’s request for Hermesmeds Services, the Platform may display to the User in an automated manner, certain information about You which may inter alia include Your name, contact information, photo and location, Your rating, Your driving license information and Your vehicle registration number and other personal information necessary for the successful and timely accomplishment of the Hermesmeds Services.
· You agree and undertake that You shall not contact Users or use any User’s personal data/User Information for any reason other than for the purposes of fulfilling Hermesmeds Services through the Platform in accordance with these Term of Use and applicable law.
· You shall provide valid invoices issued by Pharmacy to the User for the Items covered under Hermesmeds Services (especially Delivery Services and Purchase Services) performed by You, (as may be applicable). For Your services, the Platform generates an automated service receipt/ Payment Statement/ Invoice as the case maybe, on Your behalf to the User.
· With respect to Hermesmeds Services, you hereby agree that You shall not open or attempt to open the Items/packages to be dropped off/delivered to or on behalf of the User. However, if it comes to Your knowledge that a package contains illegal substance or Items not permissible to be delivered through the Hermesmeds Services, you shall immediately report the same concerned law enforcement authorities. You expressly agree that You will not deliver/transport any alcoholic beverages or entertain any User’s request to deliver/purchase or transport any alcoholic beverages or any other contraband items.
Hermesmeds does not and shall not be deemed to have any form of direct or indirect control over Delivery Partners inter alia with respect to the availability of Delivery Partners, performance of Hermesmeds Services by the Delivery Partners or maintenance of Delivery Partner’s vehicle or compliance with applicable laws applicable to Delivery Partners of Hermesmeds. It is hereby clarified that there is no employer-employee relationship between Hermesmeds and the Delivery Partners. Delivery Partner acknowledges that Hermesmeds does not control, or purport to control:
when or for how long will the Delivery Partner utilize the Platform or the Hermesmeds Services; or
a. Delivery Partner’s decision, via the Platform, to attempt to accept or to decline or ignore a User’s request for Hermesmeds Services on the Platform, subject to Hermesmeds then-current cancellation policies.
b. You are not an employee of Hermesmeds. You may thus choose to engage with other occupations or means of livelihood. There is no exclusivity arrangement with Hermesmeds, and You have complete discretion to operate Your independent business or enrol with other platform for performing similar services. You have no authority to bind Hermesmeds and undertake not to hold Yourself out as an employee, agent, or authorized representative of Hermesmeds or its affiliates. Where, by implication of mandatory law or otherwise, you may be deemed an employee, agent or representative of Hermesmeds, You undertake and agree to indemnify, defend and hold Hermesmeds and its affiliates harmless from and against any claims by any person, entity, regulators or governmental authorities based on such implied employment, agency or representative relationship.
d. You agree that You may require certain enablers such as bikes, mobile phones, helmets, bags or other such instruments for you to perform Hermesmeds Services. Hermesmeds is not responsible to provide any such support to You. Hermesmeds is not responsible to provide You with reimbursements of any fuel incurred by You, or insurance premium paid by You, or helmets purchased by you. You shall solely be responsible for maintaining the necessary equipment and internet connections that may be required to access, use and transact on the Platform and avail the Hermesmeds Services.
e. Hermesmeds may from time to time provide You with certain advisories in respect of Your performance of the Hermesmeds Services. These advisories may be issued to facilitate compliance with applicable law or to generate a uniform platform experience for Users, Pharmacy, and other Delivery Partners. You are encouraged to follow them.
f. You may from time to time receive notice of certain welfare/benefit programs that You may avail as part of the Hermesmeds eco-system. Availing such benefits are subject to Your choice and opt-in. These benefits will be provided to you by third party service providers who Hermesmeds does not control or sponsor. You will not receive any employee benefits.
g. To facilitate provision of Hermesmeds Services, you may choose to avail certain third-party services such as personal loans, accident insurance policies etc. Some of these third-party services may be introduced to You through Hermesmeds. The choice of availing all such services is Yours. Hermesmeds is not responsible for such services provided by third parties. If you choose to avail such benefits You authorize Hermesmeds to share information about You as required for such third party to provide the services to You.
h. Delivery Partner acknowledges and agrees that it’s provision of Hermesmeds Services to Users creates a legal and direct business relationship between the Delivery Partner and the User, to which Hermesmeds is not a party. Hermesmeds is not responsible or liable for the actions or inactions of a User in relation to the activities of the Delivery Partner. You shall have the sole responsibility for any obligations or liabilities that may arise towards the Users or any third parties that arise from the provision of Your Hermesmeds Services. You are solely responsible for taking such precautions as may be reasonable and proper (including maintaining adequate insurance policies that meets the requirements of all applicable laws) regarding any acts or omissions of a User or third party.
i. You agree that: (i) after providing Hermesmeds Services to a User, the Platform will prompt the User with an option to provide a rating of such Hermesmeds Service provided by You and, optionally, to provide comments or feedback about You and such Hermesmeds Service; and (ii) after providing the Hermesmeds Services to the Users, You will be prompted on the Platform to provide a rating of the User and, optionally, to provide comments or feedback about the User. You shall provide ratings and feedback in good faith and unbiased manner.
j. In order to continue to receive access to the Platform and the Hermesmeds Services, you hereby acknowledge that You must maintain an average rating by Users that exceeds the minimum average acceptable rating established by Hermesmeds for the Territory, as may be updated from time to time (“Minimum Average Rating”). In the event Your average rating falls below the Minimum Average Rating, Hermesmeds may provide You a limited period to raise Your average rating above the Minimum Average Rating. You hereby agree that if You do not increase Your average rating above the Minimum Average Rating within the time allowed (if any), Hermesmeds may deactivate Your access to the Platform and the Hermesmeds Services.
k. Hermesmeds and its affiliates reserve the right to use, share and display Your ratings and comments in any manner in connection with the business of Hermesmeds and its affiliates without attribution to or approval of Delivery Partners and You hereby consent to the same. Hermesmeds and its affiliates reserve the right to remove comments from Platform if such comments include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, intermediary guidelines, other applicable laws or Hermesmeds’ or its affiliates’ content policies.
l. In order to access the Platform and provide the Hermesmeds Services to the Users, you may use Your own device (“Delivery Partner Device”).
m. While using a Delivery Partner Device: (i) You shall be responsible for the acquisition, cost and maintenance of such Delivery Partner Device as well as any necessary wireless data plan; and (ii) Hermesmeds shall make available the Platform for installation on such Delivery Partner Device. The foregoing right shall immediately terminate, and You will delete and fully delete the Platform from the Delivery Partner Device in the event You cease to provide Hermesmeds Services to the User using the Delivery Partner Device; or You have deleted Your Account from the Platform. You hereby agree that: (i) use of the Platform and Hermesmeds Services on a Delivery Partner Device requires an active data plan with a wireless carrier associated with the Delivery Partner Device, which data plan will be provided by You at Your own expense; and (ii) use of the Platform on a Delivery Partner Device as an interface with the Hermesmeds Services may consume very large amounts of data through the data plan. Hermesmeds advises that Delivery Partner Devices should only be used under a data plan with unlimited or very high data usage limits, and Hermesmeds shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan during the performance of Hermesmeds Services.
n. You acknowledge and agree that your geo-location information is required from You to provide the Hermesmeds Services to the Users, using the Platform and is required by Hermesmeds for it to provide You with Hermesmeds Services. You acknowledge and hereby consent to the following:(a) Your geo‐location information will be monitored and tracked by Hermesmeds, when You are logged into Your Account on the Platform and available to receive requests for providing Hermesmeds Services from the Users, or when You are providing transportation and/or logistics services to the Users; and (b) the approximate location of Your vehicle will be displayed to the User before and during the provision of Hermesmeds Services to such User. In addition, Hermesmeds may monitor, track, and share Your geo‐location information obtained by the Platform and Delivery Partner Device, as the case may be, for safety, security, technical, marketing and commercial purposes, including to provide and improve Hermesmeds products and services.
Delivery Partner Requirements. To register as a Delivery Partner, you must be above 18 years of age. You acknowledge and agree that You shall at all times hold and maintain (i) a valid driver's license (if applicable) with the appropriate level of certification to operate the vehicle driven/ridden by You, and (ii) all licenses, permits, approvals and authority applicable to Your vehicle (if applicable) that are necessary to provide Hermesmeds Services; (iii) the appropriate and current level of training, expertise and experience to provide Hermesmeds Services in a professional manner with due skill, care and diligence; and (iv) high standards of professionalism, service and courtesy. You acknowledge and agree that You may be subject to certain background and driving record checks from time to time.
· 2. You understand and agree that the pick-up and drop service is provided to you by the Hermesmeds Partner directly. Hermesmeds merely acts as a technology platform to facilitate such tasks raised by you, and Hermesmeds does not assume any responsibility or liability for any deficiency in the service on part of the Hermesmeds Partner.
· 3. You agree that if the Hermesmeds Partner picks up certain item(s) from a Pick-Up Location on Your behalf, the Hermesmeds Partner does so on your sole instructions under the task raised by you. Hermesmeds is not a Pharmacy, retails store.
· 5. You agree that you shall not request for a Pick-up/Drop-off Task on the Hermesmeds App, for item(s) which are illegal, hazardous, dangerous, or otherwise restricted or constitute items which are prohibited by any statute or law or regulation.
· 6. You agree that before initiating a Pick-up/Drop-off Task on the Hermesmeds Platform, you are well aware of these contents of the package sent or requested by you through registered Hermesmeds Partners, and that such contents are legal and within limits of transportation under any applicable law. Such contents shall not be restricted and/or banned and/or dangerous and/or prohibited for carriage (such items include, but are not limited to, radio-active, incendiary, corrosive or flammable substances, hazardous chemicals, explosives, firearms or parts thereof and ammunition, firecrackers, cyanides, precipitates, gold and silver ore, bullion, precious metals and stones, jewellery, semi-precious stones including commercial carbons or industrial diamonds, currency (paper or coin) of any nationality, securities (including stocks and bonds, share certificates and blank signed share transfer forms), coupons, stamps, negotiable instruments in bearer form, cashier's cheques, travellers’ cheques, money orders, passports, credit/debit/ATM cards, antiques, works of art, lottery tickets and gambling devices, livestock, fish, insects, animals, plants and plant material, human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens, hazardous or bio-medical waste, wet ice, pornographic materials, contraband, bottled alcoholic beverages or any intoxicant or narcotics and psychotropic substances).
· 7. You also agree that you shall not request for dispatch of item(s) which require a special transportation permit or require any special license under applicable law.
· 8. You are also aware that the Hermesmeds Partner may choose to not deliver item(s) for any reason whatsoever.
· 9. You also agree that, upon becoming aware of the commission any offence or your intention to commit any offence upon initiating or during a Pick-up/Drop-off Task of any item(s) stipulated under paragraph 6 of these PND Terms or otherwise restricted under applicable law, the Hermesmeds Partner may report such information to the law enforcement authorities.
As a rule, you shall not be entitled to cancel your order once you have received confirmation of the same. If you cancel your order after it has been confirmed, Hermesmeds shall have a right to charge you cancellation fee of a minimum INR 30 up to the order value.