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Dmagree Policy

1. Parties

This Delivery Partner Agreement (“Agreement”) is entered into between:

SRSM Technologies Private Limited,
a company incorporated under the Companies Act, 2013,
having its registered office at Office No. 1, Shri Sai Dham, Keshav Nagar, Mundhwa, Pune, Maharashtra – 411036,
operating the quick-commerce platform under the brand name “eSmartkart” (“Company” / “Platform”)

AND

You, an individual registering as a delivery rider/driver (“Delivery Partner” / “You”).

By clicking “I Accept”, registering, logging in, or performing deliveries through the Delivery Partner Mobile Application (“Partner App”), You agree to be bound by this Agreement and all related policies, payout schemes, and updates communicated via the Partner App.

2. Definitions

  • Customer(s): Any person placing orders on the Platform

  • Orders: Goods purchased by Customers for delivery

  • Delivery Services: Pickup and delivery of Orders to Customers

  • Delivery Fees: Compensation payable for completed deliveries

  • Partner App: Mobile application used for order assignment and tracking

  • Platform: eSmartkart website and mobile application

3. Scope of Services

3.1 You are engaged on a non-exclusive, principal-to-principal independent contractor basis.

3.2 You agree to:

  • Accept and complete Orders via the Partner App

  • Pick up Orders from designated stores/warehouses

  • Deliver Orders safely, intact, and within the expected delivery timeline

  • Follow all SOPs, safety guidelines, and code of conduct

  • Comply with all applicable laws including traffic, food safety, and IT laws

3.3 You are free to log in and log out at your discretion. No minimum hours or delivery volume is guaranteed.

3.4 Order allocation is determined by automated systems based on location, availability, demand, and performance.

3.5 You shall arrange and maintain at your own cost:

  • Vehicle and fuel

  • Mobile phone and internet

  • Safety gear and documents

4. Compensation & Payout Policy

4.1 Delivery Fees

  • ₹15 per completed delivery within 1 km

  • ₹5 per additional km beyond 1 km

  • Distance calculated as per Platform system mapping

4.2 Incentives & Bonuses

  • Peak-hour incentives

  • Performance-based bonuses

  • Customer tips (passed through as received; not guaranteed)

4.3 Payment Cycle

  • Payments made weekly or monthly (as notified in Partner App)

  • Paid to registered bank account

  • Subject to TDS under Income Tax Act, 1961, if applicable

4.4 Deductions

The Company may deduct amounts for:

  • Onboarding or training costs

  • Branded merchandise (if lost/damaged/not returned)

  • Cash on Delivery (COD) shortages

  • Customer complaints or failed deliveries due to Partner fault

  • Legal or recovery dues

4.5 Payout Disputes

  • Must be raised within 48 hours of payout

  • Unraised disputes shall be deemed settled

5. Delivery Partner Obligations

You agree to:

  • Maintain valid Driving License, RC, Insurance, PAN, Aadhaar

  • Keep location services enabled while online

  • Use Partner App only for authorized deliveries

  • Collect and deposit COD amounts accurately

  • Wear Company branding if provided

  • Maintain hygiene, professionalism, and customer respect

  • Not sub-contract or transfer deliveries

6. Relationship Between Parties

6.1 This Agreement does not create employment.

6.2 You are not entitled to:

  • PF, ESI, gratuity, leave, or other employee benefits

6.3 You are solely responsible for:

  • Taxes

  • Vehicle maintenance

  • Insurance and compliance

7. Representations & Warranties

You confirm that:

  • You are 18+ years and legally competent

  • All KYC documents provided are genuine

  • You have no criminal background affecting service delivery

  • You will notify the Company of any document changes

8. Suspension & Termination

8.1 Either party may terminate this Agreement at any time with reasonable notice.

8.2 Immediate suspension/termination may occur due to:

  • Fraud or misrepresentation

  • Theft, tampering, or abuse

  • Repeated SLA breaches or complaints

  • Expired or invalid documents

8.3 Upon termination:

  • Pending Orders must be completed

  • Company assets returned

  • Final payout settled within 30–45 days

8.4 Inactivity for 30 consecutive days may result in deactivation.

9. Indemnity & Liability

9.1 You shall indemnify the Company against:

  • Accidents

  • Legal claims

  • Customer losses

  • Regulatory penalties

9.2 Company liability is limited to the value of the affected Order only.

9.3 No liability for indirect or consequential damages.

10. Confidentiality & Data Protection

  • Customer data must be kept confidential

  • Data used only for delivery purposes

  • Unauthorized use may lead to legal action

11. Governing Law & Dispute Resolution

  • Governed by laws of India

  • Jurisdiction: Pune, Maharashtra

  • Disputes resolved via:

    1. Mutual discussion

    2. Arbitration under Arbitration & Conciliation Act, 1996

12. Policy Updates

The Company may update this Agreement or payout structure at any time. Continued use of the Partner App constitutes acceptance.